Preview

Case List

Best Essays
Open Document
Open Document
1431 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case List
Case List – BUSL301 The following list is a guide only – the cases that are most likely to be mentioned in lectures are bolded – most of the cases in this list (or other cases that may be mentioned) will be referred to in one or both of your texts – it is very likely that in the normal course of your reading you will come across these cases – note that cases not on this list, particularly relevant recent cases, may also be discussed in class – how to use cases and what is expected of students in relation to their knowledge of cases will be explained in lectures. LECTURE AREA 1 - COMPARISON OF BUSINESS ORGANISATIONS Cases concerning partnership: Polkinghorne v Holland (1934) 51 CLR 143 National Commercial Banking Corp of Australia Ltd. v Batty (1986) 160 CLR 251 United Dominions Corporation Ltd. v Brian Pty Ltd. (1985) 157 CLR 1 LECTURE AREA 2 - HISTORY AND LEGISLATIVE FRAMEWORK, REGISTRATION AND TYPES OF COMPANIES Relevant cases regarding the development of companies legislation in Australia Huddart Parker v Moorehead (1909) 8 CLR 330 Strickland v. Rocla Concrete Pipes Ltd (1971) 45 ALJR 485 NSW v Commonwealth (1990) 169 CLR 482 Re Wakim (1999) ACLC 1055 R v Hughes (2000) 171 ALR 155 The company as a separate legal entity Salomon v Salomon [1897] AC 22 Lee v Lee's Air Farming [1961] AC 12 Macaura v. Northern Assurance Co Ltd. [1925] AC 619 Trustee companies: Broomhead (JW) (Vic) Pty Ltd v JW Broomhead Pty Ltd (1985) 3 ACLC 355 Lifting of the Corporate Veil: Gilford Motor Co Ltd v Horne [1933] Ch 935 Creasey v Breachwood Motors Ltd (1992) 10 ACLC 3,052 LECTURE AREA 3 - THE COMPANY CONSTITUTION AND THE RELATIONSHIP BETWEEN THE COMPANY AND OUTSIDERS The company constitution Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 Gambotto v WCP Ltd (1995) 13 ACLC 342 Grey Eisdell Timms v Combined Auctions Pty Ltd (1995) 13 ACLC 965 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd [2006] FCAFC 144 Tortious, statutory and criminal liability of a company Tesco
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Case Brief No 1
    • 699 Words
    • 3 Pages

    Case Brief No 1

    Plaintiff and Defendant: The plaintiff/appellant is Harvestons Securities, Inc. The defendant/appellee is Narnia Investments, Ltd.…

    • 699 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    CASE Brief
    • 978 Words
    • 3 Pages

    CASE Brief

    Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work.…

    • 978 Words
    • 3 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Case Brief
    • 352 Words
    • 2 Pages

    Case Brief

    Facts: In 1998, investigative reporting team, Jane Akre and her husband Steve Wilson, brought suit against their employer WVTV, a subsidiary of Fox TV, under violation of Florida’s whistle-blower statutes. They argued that the station had terminated their employment under grounds of retaliation because the team refused to suppress and distort the contents of a story regarding the controversial Bovine Growth Hormone in Florida’s cattle. Additional claims also brought forth included declaratory relief and breach of contract. After a four-week trial, a jury found against Wilson on all of his claims. Akre decided to drop allegations concerning declaratory relief and the court allowed for continuance based on her whistle-blower claims. The jury granted a monetary award of $425,000 in damages to Akre based on retaliation claims established by whistle-blower statute.…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Case Brief
    • 421 Words
    • 2 Pages

    Case Brief

    Michael Huck was discriminated because he was on a wheelchair and didn’t get the same benefit as other humans who are in the back rows. He didn’t have the choice of seats which was available to others so basically for him to watch a movie; he would have to sit in the front row of the theatre. They also said if he wanted to sit at the back rows, he would have to get up but he’s a disability person. He didn’t have the opportunity like others.…

    • 421 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Case Brief I
    • 352 Words
    • 1 Page

    Case Brief I

    Procedural History: Federal District Court of Arkansas denied Defendants motion to dismiss, but also ordered stay until end of Defendant’s term. The court of Appeals affirmed the denial of the motion to dismiss and reversed the stay (delay proceedings until end of term of office).…

    • 352 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Case Brief
    • 259 Words
    • 2 Pages

    Case Brief

    The discovery of facts that demonstrate that a valid warrant was unnecessarily broad does not retroactively invalidate the warrant.…

    • 259 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Case Brief
    • 340 Words
    • 2 Pages

    Case Brief

    The claimant, Morgan, sustained severe physical injuries caused by an accident which occurred as he was driving a two person bobsled during a national championship race. Morgan was an experienced rider who had been bobsledding for over 20 years and had competed in the US Olympics. He also testified that he was familiar with this particular course and had raced on it many times prior to this race. The area where the accident occurred was recently reconstructed and substantially modified but was approved by FIBT, the regulating authority of the sport. Morgan brought a lawsuit in the Court of Claims stating that the design of the exit ramp was the cause of his accident and injuries. The defendant, State of New York, which owns and operates the mountain, stated that the athlete assumed the risks of a dangerous sport and was primarily to blame for the accident.…

    • 340 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Case Brief
    • 329 Words
    • 2 Pages

    Case Brief

    ANALYSIS: In general, the state’s judicial viewpoint as to how firmly the testator must comply with pertinent statutes varies. Common law required total compliance with procedures. Some states require total compliance but current trends seem to require only substantial…

    • 329 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Case Brief
    • 7225 Words
    • 24 Pages

    Case Brief

    Combined Source: Company Profiles and Directories;US Law Reviews and Journals, Combined;Federal & State Court Cases - After 1944, Combined;Newspaper Stories, Combined Papers…

    • 7225 Words
    • 24 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Case assignment
    • 2948 Words
    • 11 Pages

    Case assignment

    Review the following case study and answer the questions for each part located at the end of the case. Submit as directed to the drop box.…

    • 2948 Words
    • 11 Pages
    Powerful Essays
    Read More
  • Good Essays

    Case Brief
    • 1484 Words
    • 6 Pages

    Case Brief

    This case in Fenton, Missouri involves 17 yrs. old Christopher Simmons born in 1993. Charles Benjamin and John Tessmer were Christopher Simmons friends and accomplices. Christopher Simmons planned and committed a capital murder along with Charles Benjamin. The plan was to commit burglary and murder by breaking and entering, tying up Shirley Crook, and tossing her off a bridge. The three boys met at 2am in the morning however, Tessmer then dropped out of the plan. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They put Mrs. Crook in a minivan drove her to a state park and threw her off a bridge. Once the case was brought to trial court, the evidence was solid and overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from John Tessmer against him that showed premeditation. After the crime Christopher discussed the plot in advance and later bragged about the crime. After 2 hours of investigation Christopher broke down and confessed. At trial the State introduced Simmons confession and the videotaped reenactment of the crime, along with testimony that Simmons discussed the crime in advance and him bragging to fellow classmates about it later. The defense called no witnesses due to the evidence and confession. The jury having returned a verdict of murder, the trial proceeded to the penalty phase. The jury returned a guilty verdict. The jury recommended a death sentence in which the trial court imposed despite Christopher not having a criminal background. The State charged Simmons with burglary, kidnaping, stealing, and murder in the first degree. Simmons was 17 at the time of the crime. He was outside the criminal jurisdiction of Missouri’s juvenile court system. Charles Benjamin and was…

    • 1484 Words
    • 6 Pages
    Good Essays
    Read More
  • Good Essays

    Case Brief
    • 741 Words
    • 3 Pages

    Case Brief

    1. Applications for asylum may not be made against the wishes of a parent of a child that lacks the mental capacity to request asylum and a third party cannot speak on behalf of a minor because it is the right of a…

    • 741 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Case Brief
    • 455 Words
    • 2 Pages

    Case Brief

    FACTS Rumarson Technologies, Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24,965 owed to it by Event Marketing, Inc. (EMI) when EMI's check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI's corporate account, and they signed the check. RTI argued that as signatories they could be held personally liable. The lower court agreed and ruled in favor of RTI holding the Helmers liable. The Helmers appealed. Also of note, is that check was dated 1998 although there is some non-material dispute as to whether it was August 14, 1998, or on or around July 13, 1998.…

    • 455 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Cases
    • 66142 Words
    • 265 Pages

    Cases

    WIGBERTO E. TAÑADA and ANNA DOMINIQUE COSETENG, as members of the Philippine Senate and as taxpayers; GREGORIO ANDOLANA and JOKER ARROYO as members of the House of Representatives and as taxpayers; NICANOR P. PERLAS and HORACIO R. MORALES, both as taxpayers; CIVIL LIBERTIES UNION, NATIONAL ECONOMIC PROTECTIONISM ASSOCIATION, CENTER FOR ALTERNATIVE DEVELOPMENT INITIATIVES, LIKAS-KAYANG KAUNLARAN FOUNDATION, INC., PHILIPPINE RURAL RECONSTRUCTION MOVEMENT, DEMOKRATIKONG KILUSAN NG MAGBUBUKID NG PILIPINAS, INC., and PHILIPPINE PEASANT INSTITUTE, in representation of various taxpayers and as non-governmental organizations, petitioners,…

    • 66142 Words
    • 265 Pages
    Good Essays
    Read More
  • Powerful Essays

    Cases
    • 1328 Words
    • 6 Pages

    Cases

    certification election with the Med-Arbiter seeking to be the exclusive bargaining agent of supervisors of Pepsi-Cola Philippines, Inc. (PEPSI). i. Med-Arbiter granted this stating that PCEU-UOEF was an affiliate of Union de Obreros Estivadores de Filipinas (or the Federation) with two (2) rank and file unions, Pepsi-Cola Labor Unity (PCLU) and Pepsi-Cola Employees Union of the Philippines (PEUP). ii. July 1990: PEPSI filed a petition to Set Aside, Cancel and/or Revoke Charter of PCEU-UOEF on the grounds that (a) members of the Union were managers, and (b) a supervisors’ union cannot affiliate with a federation whose members include the rank and file union of the same company. a. February 1991: Court grants temporary restraining order and/or preliminary injunction. Issue is whether or not a supervisors’ union can affiliate with the same Federation of which two (2) rank and file unions are likewise members, without violating Article 245 of the Labor Code (PD 442), as amended, by Republic Act 6715, which provides: iii. Managerial employees are not eligible to join, assist or form any labor organization. Supervisory employees shall not be eligible for membership in a labor organization of the rank-and-file employees but may join, assist or form separate labor organizations of their own.” b. On April 8, 1991, the Secretary of Labor and Employment sent in a Comment, alleging that: 1) until and unless there is a final order cancelling its certificate of registration or charter certificate, a labor organization remains to be a legitimate labor organization entitled to exercised all the rights and duties accorded to it by the Labor Code including the right to be certified as a bargaining representative; 2) Public respondent cannot be deemed to have committed grave abuse of…

    • 1328 Words
    • 6 Pages
    Powerful Essays
    Read More

Related Topics