+1-817-968-5551
+61-488-839-671
+44-7480-542904
Key Topics
- Requirements
- Question
- Solution
- Answer to question 1
- Introduction
- The Legitimate System of USA
- Rules for identification
- Rule to bring change
- Rule of Judgment
- Application of the Australian Legitimate System on the legitimate rules
- Rules of identification
- Rule of amendment
- Conclusion
- Answer to question 2
- Introduction
- Issue
- Rule
- Application
- Conclusion and Recommendation
Requirements
Question
1- Write a note on commercial law in approx 2000 words with references to APA
Solution
Answer to question 1
Introduction
A legitimate system is a method by which the various facilities provided by the law is explained as well as implemented in a particular state. A legitimate system can further be explained in terms of duties and responsibilities in many different ways. There are three important forms of legitimate systems which include some types of simple laws, civil laws and also the laws which are based on different religions. Here in this assignment consideration would give to the legitimate system of the USA and some of its significantly identified legal systems.
The Legitimate System of USA
The United States of America follows an integrated form of a legitimate system and it exercises as per their written constitution. The USA follows a legitimate system which is based on the simple laws implemented by the constitution. An integrated system of the government is present at the middle and all other 50 states of USA have their individual legitimate system which they exercise. The legitimate system followed by USA and its state comes under the category of the cultural common laws. The constitution of the country has defined its integrated form of government and also the powers to be exercised by them . Every different state of USA has their own set of constitution but still they follow the system of an integrated government which was implemented by the state government. The pattern followed by the government of America depends upon their individual strengths as well as on their control and maintenances. The powers given to the government of USA is performed by different sections of the government such as the legislative, judicial and the executive. But still there is a scope that one of the sections of the government can keep control of the other section of the government in many different ways.
Rules for identification
The rules and regulation which was implemented for the purpose of identification by H.L.A Hart is said to be the base for the legitimate system of USA. Such rules of identified has been recognized and accepted by different people as different types of legal bodies to determine the different rules and regulations. The rules of identification includes the different rules and regulations framed by the government, the different statements made by the government, the different actions taken by the government as well as the different procedures of law followed by the government. Such rules for identification have been defined as the action taken by the legitimate system of USA as well as explaining that legitimate system for the settlements of the related disputes. The procedure of the law is also considered to be a part of the legitimate system of the government of USA .
Rule to bring change
The rules and regulations should be framed in way such that it can be changed as per the requirement. In other words the rules of change can defined as the basic right which allows the legitimate system to make changes in the rules and regulations of the different states of USA. The rules and regulations of a legitimate system are recognized in terms of the most important laws while it is changed on the basis of the secondary laws. The laws to bring about changes describe the way by which a particular law could be changed or be proposed to change. This law to bring about changes in the rules has been developed from Article 5 of the constitution of the United State of America. The integrated form of government of USA can make use of this power of the constitution to bring change any particular rules and regulations of the state imposed by the legitimate system.
Place Order For A Top Grade Assignment Now
We have some amazing discount offers running for the students
Place Your OrderRule of Judgment
The rule of judgment is a legal procedure by which a solution is provided for a particular problem. According to this law an adequate power is given to different individuals for the purpose of finding out whether the main law of the state is being violated or not. The process of an election as well as the law of the court is empowered by this rule of judgment. The legitimate system of USA has recognized this rule of judgment with the formation of judiciary wing of their government. This wing of the government has the full power to explain the legal action taken by the government and also provide a solution to a problem in case of any dispute .
Application of the Australian Legitimate System on the legitimate rules
The country of Australia follows a system of elective and integrated form of government. The legitimate system of Australia has divided all their powers and duties among the national as well as the state government of the country. According to the constitution of Australia has described the court of law for both national as well as the state government and also allows the distribution of such powers and actions among both the state as well as the national government. The country of Australia has been founded by the British and hence it follows the universal law which is also followed by the other countries of the world. The rules and regulations of Australia is either performed by the different legislative bodies or by the different procedures carried out by the court of law in the country. The legitimate system of Australia is governed by three different bodies such as the legislative, judicial and the executive just like the legitimate system of USA. But all these 3 bodies have a different power to exercise.
Rules of identification
The legitimate system of Australia has identified the rules and regulations meant for the purpose of identification both in terms of the written law as well as the universal law of the country. The country of Australia is itself a country with a universal law and hence it follows the system based on the universal law. Australia follows the law of actions, rules and regulations as per an integrated form of government and the parliament of the different states of Australia. It is considered to be a permitted legal body. The concept of the universal law comes into existence through the procedure of the courts of Australia as well as the procedures of the judges of such courts .
Rule of amendment
The legitimate system of Australia recognizes the rule of amendment in the Article 8 of the constitution of Australia. The rule of amendment refers to process by which a particular rule is either changed or altered in the legitimate system of Australia by proposing changes or making an appeal to change the laws. As per the Article 8 of the constitution of Australia it is permitted to make changes in the laws of the constitution. Hence it is clear that the legitimate system of Australia has identified the rule of amendment in the constitution of Australia .
Rules of settlement
The rules of settlement are mentioned both in the written legislations of Australia as well as the universal law of the country. According to the rules of settlement the legitimate system of Australia has established courts and other form of judicial bodies for the purpose of settling arguments both within and outside the states in Australia. The High Court is the most important court for the legitimate system in the country. There are also courts for individual states for the purpose of settling their disputes .
Allassignmenthelp.com is the best writing service that has assisted numerous students in achieving their academic goals. By seeking employment law assignment help and support from our website, you will gain a better understanding of the subject. Never forget whether you need taxation law essay help or constitutional law assignment help, we are just a call away from you!
Conclusion
Hence it can be concluded that the legitimate rules is recognized by majority of the legal system of the world including Australia and USA. Moreover the rules of settlement, the rules of amendment and the rules of identification are mentioned in both the written law and the universal law of the country.
Answer to question 2
Introduction
The main purpose of this assignment is to provide a legal defense for the case of Sandra May who purchased a telephone along with an internet access. Later on she realized that the phone she purchased as well as the internet access she was guaranteed was not up to the mark as promised by the retailer she purchased it from. Sandra felt cheated by the exchange service of the retailer and she needs to run after the retailer legally. The main purpose of this assignment is to determine whether Sandra May could legally ask for her damages from the retailer lawfully or not.
Issue
The main problem in this case is to determine whether Sandra May could punish the retailer for cheating her and for the break of trust in the court of law.
Rule
Any sort of a contract framed in between different individuals consists of the rules and regulations for maintaining good level of confidence which is considered to be a significant element in terms of distorting the law of contract. Such rules and regulations are on the basis of certain ethical considerations which propose the way to behave in a particular manner in the event of getting a contract for the purpose of business . Breaking the confidence of the person entering into the contract has the capacity to make the contract void . The damage of the contract can make the whole contract invalid. In the case of Sandra May the contract has been damaged because Sandra May has been cheated by the retailer from which she purchased her telephone and net access service. Any damage caused to contract can be a reason for that particular can be terminated. Purchasing a product from the shop is a special case as the buyer doesn’t come across the offer at the very beginning. Both the buyer and the seller come into a contract when the buyers make a decision to purchase a particular product by accepting to pay a sum of money to the seller.
Application
As per the present case study, Sandra May purchased a telephone with an access to internet up to 10 GB and unlimited local calls. But Sandra May faced certain amount of issues with the performance of the telephone as well as the internet performance which would decline even before the 10gb internet pack is completely over. Sandra May felt she was misled and cheated by the retailer as the product she purchased was not worth the amount she paid for the product. The product she purchased was not in a proper condition, with damages in some areas even before the product was used by her. Even the battery of the product was not up to the mark.
In the current case of Sandra May it was the case of cheating on the part of the retail shop. Sandra May had been putting blame in the item finding the item she purchased to be distorted. This will totally be considered to be the fault of the shop keeper from where she purchased her product as they introduced a damaged product to the customer and misled Sandra May. Hence in this particular case as per the law where the seller is at fault, he has to pay the money in order to compensate for the damaged product .
The next impact could be that of breaking the confidence of buyer and also putting an end to the condition of a good deal. In the case of Sandra May it is clear that the shopkeeper was not acting as per the ethical rule of behaving appropriately as it was unable to give their buyer the product was guaranteed.
Conclusion and Recommendation
Hence it can be concluded that Sandra May can drag the shopkeeper to the court of law for the purpose of cheating and misleading her. She could sue them for breaking the confidence and ending the element of good faith which is essential for any contract made.
Thus it is recommended that Sandra May should drag the company jennet to the court of law for distorting the contract and selling her the damaged product. This breach of trust is a punishable offence and the jjnet will have to compensate the loss they caused to the buy and pay them the compensation amount. This was the case of lost trust and confidence on the part of the buyer in relation to the seller.
Give your grades a boost
Just share your requirements and get customized solutions on time.
-
1,168,768 Orders
-
4.9/5 Overall Rating
-
5,052 Experts
