Business Law Analysis in Australia

Question: Explain about the business law in Australia. Answer: The term compliance refers to the essential rules that are to be followed for establishing any business enterprise in Australia. In the territory of Australia, the rules of compliance that are to be complied with for the establishment of any business are the Property Law, Sale of Goods Act, and Intellectual Property Law. It is quite clear that the business, which is to be established, should be following the rules under the provision of the said laws. These laws are to be interpreted in order to establish the business enterprise and to make the protection of the logo and the name of the business (Bridge, 2015). The basic aim of the process of compliance is to regards to that law which deals with the system of prioritizing the interests and rights as well as responsibilities of any individual relation to things. The rules of compliance also deal with the role of the individuals in setting their business. But further, it can be stated it in two ways such as real property or personal property. The land law of Australia states that land is a predominant focus based on the western property law. Almost in each and every state in Australia has a different kind of land law history which states that the bureaucratization and regulations of the law. Property law also helps in enables in creating a system foe evidencing, transferring the tile of the land, recognizing, etc. By land laws the legal instrument that is followed in dealing with the commercial and private purposes includes easement, mortgage, covenant, and lease (Badenhorst et al., 2012). Property rights are also regarded as those rights, which are enforced on the individual to buy, acquire and mortgage of the property. As per the explanation, it can be stated that the property law of in Sydney consist of two types of properties. Those are Real property and Personal property. Real property according to the English common law means the real estate or immovable properties. It can also be stated in regards to moveable assets that the help of Human efforts can only improve those properties. As per practicable the real properties cannot of be shifted from one place to another physically and it includes buildings, roads, ponds, mines, dams, wells, etc. Real properties can be identified with the help of with the help of it values and the description of the property. This description includes boundaries, streams, rivers, seacoasts, lakeshores, railway tracks, highway, roads, etc. In the case of real property law has various types of interest which are determined by the languages such as the lease, bill of sale, will, deed, land grant, etc. by the means of which estates are acquired. In real property, the party who enjoys the rights is called tenant. In real property estates are distinguished by various rights of properties and determine the duration as well as tr ansferability of various estates (Megarry et al., 2012). Personal properties are referred to those properties, which are a moveable property and can be transferred freely from one place to another. According to the civil law, also the personal property is known as movable properties. Thus, according to the law, personal properties are known as tangible properties as it has no attachment to the land or rather the real property. To show the ownership of personal property, the documents, which can be showed, are formal documents or papers for example boats, cars, mechanical instruments, clothes, etc. As stated in this problem the person who wants to establish the business must have a real property in accordance to the Property Law of Australia. Such can come in under his ownership or mortgage (Rigsby, 2014). Consumer protection law is one of the most important aspects to run the business. As the law states the safety of the customer is, the priority and the organization also explains that the rights of customer and also about the fair trade practice as well about the accurate information regarding the market place. A consumer is regarded to those persons who acquires the uses of goods as well the services, which used as ownership and not for the sale of or uses regarding manufacturing and production. The interest of the consumer can be under protection by making promotion regarding competition in the market that helps in servicing the customers directly or indirectly (Rigsby and Chase, 2014). Consumer according to the Australian Consumer Law can enjoy certain rights: Safety or safeguarding of goods those are hazardous to life as well as property. A consumer according to the law has certain rights about the goods which include quantity, price, and quality. To choose from various goods consumers must be provided with the variety of choices. The consumers are also given rights to complain as well those problems to be solved (Carney, 2012). The consumers must be given proper education as well given proper education about the goods which they can use in a proper way for which it is made for (Ramsay, 2012). According to the Consumer law of Australia, it can be stated to the clients that for the safety he needs to provide to the customer with the above criteria so that his business runs fruitfully (Latimer, 2012). Lastly, the important part of the business in business is to maintain a proper patent and trade marks. According to the Australian Trade Mark Law, it can be stated that trade mark defines collective marks as well as the certification mark. This is done to stop the trademark being infringed and also clears that it sets out the procedure of registration and various other procedure regarding the registration of trade mark (Nayak, 2015). According to section 17 of the Trade-Mark Act, it is defined that the trade mark is a sing which is used or rather intended to be used as a distinguished services and goods which are dealt with or provided with the course of the trade. Thus patent or the trademark of the business has to be proper, and it must not be in conflict with the other business trademark (Gleeson and Friel, 2013). The given scenario makes the depiction of a couple named Bella and Manny, who were engaged in the business of running a pizza shop named "Perfect Domino Pizza". The couple was in the business from the year 2008 and carrying on their business in Australia. There was a requirement in the shop for making the purchase of a new oven. The couple wanted to make the purchase of an oven that would enable them to make 30 pizzas in one hour and the same would work for 16 hours continuously for all days. For making the purchase, the couple went to the Tuscan Ovens Pty. Ltd (Janke and Iacovino, 2012). The problem in the given scenario emerged from the terms of talking to the couple with the manager of the Tuscan Ovens Pty. Ltd. When the couple made their requirements clear, the manager of the Tuscan Ovens Pty. Ltd presented an oven to them and made the promise that the oven would make the fulfillment of their demand by enabling them to make 30 pizzas in one hour. After that while, the couple was waiting for the delivery of the oven. At this time, the couple made an advertisement that they were going to install MB oven. However, in the practical terms the oven that they purchased from the Tuscan Ovens Pty. Ltd was registered as Tuscan XX. The issues in the given scenario emerged when the original capacity of the oven was detected. After the process of the installation of the oven, it was seen that the oven was of the capacity to produce only 12 pizzas. Hence, the primary issue that is involved in the scenario is whether the Tuscan Ovens Pty. Ltd is liable under the Consumer Law tha t prevails in Australia (Levine, 2012). The secondary issue is that whether the Bella and Manny are liable under the Australian Consumer Law for the publication of fraudulent and deceptive advertisement. The other issues that were involved are whether the Tuscan Ovens Pty. Ltd would be entitled to penalties for their fraudulent act (Reynolds et al., 2012). The laws that are prescribed in the Australian Consumer Law, the Trade Practices Act and the Australian Competition and Consumer Act of 2010 can solve the issues in the scenario given. There are specified provisions in the Consumer Law of Australia that deals with rendering protection to the consumers for from the deceptive and misleading act of the sellers. In Section 3 of the Australian Consumer Law, it is provided the definition of consumer. By that Section, the term consumer means that person who makes the purchase of services or goods for a cost that is less than forty thousand dollars. In case if a person makes the purchase of services and goods for an amount of more than forty thousand dollars, he or she shall be considered as a consumer if such purchase includes goods for the use in a household. In the year of 2011, the Australian Consumer Law came into force. In Australia, the ACL is considered as the sole statute for rendering the protection of the consumers. In accordance to Section4B of the Trade Practices Act also makes the description of the word consumer. In Section 18 of the Competition and Consumer Act of 2010, there is the express provision of the term rule that no seller, manufacturer, dealer or supplier shall indulge himself or herself in the wrongful act while transacting with any consumer. It is also provided in the same section that no seller shall indulge in making any misrepresentation of the features of the products that is to be sold. Also, no seller is permitted to make the concealment of the material facts that is related to the product (Perry, 2016). There emerged a famous case named ACCC v. TPG [2013] HCA 54, that held strongly that the deceptive conduct on the pat any seller shall be entitled to penalties. In the case, the High Court of Australia made the decision that the TPG Company has indulged themselves in making the violation of Section 18 of the ACL. The Company made the publication of an advertisement that declared that for the availing the services of the Company, every individual is entitled to give an amount of $29. This thing has displayed the advertisement in the large font. There was also an amount of $30 that has to be paid by the individuals. The extra amount was written in a smaller font in that manner that any reasonable man would overlook and make the thinking that only $ 29 is to be paid for the service of the Company. The High Court of Australia held that the TPG Company possessed the fraudulent intention while making the advertisement and attached a huge amount of penalty on the company. In the given case, the Tuscan Ovens Pty. Ltd made the fraudulent transaction with the couple Bella and Manny. It is because the manager of the Tuscan Ovens Pty. Ltd promised them that the oven would yield 30 pizzas in one hour and actual terms, the oven yielded only 12 pizzas in one hour. The false statement of the manager of Tuscan Ovens Pty. Ltd has lead to financial loss of the couple. In the Consumer Law in Australia, it is mentioned specifically in Section 18 that the seller who engages himself in the deceptive trading is liable to give damages to the consumers (Vickery, 2015). In the case that is given, the couple also made the violation of the Australian Consumer Law by the making the fraudulent advertisement regarding the installation of an oven in their business. Hence, the Tuscan Ovens Pty. Ltd can use the fraudulent action that is involved by the couple as a defense. The Tuscan Ovens Pty. Ltd can use the defense in reducing the amount of money or damage that is payable to the couple (Davison, 2012). Reference list: Badenhorst, P., Freedman, W., Pienaar, J. and Van Wyk, J., 2012. The principles of the law of property in South Africa. Oxford University Press Southern Africa. Bridge, M., 2015. Personal property law. OUP Oxford. Carney, T., 2012. 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