Tallerman & Co Pty Ltd v Nathan’s Merchandise (Vic) Pty Ltd (1957) 98 CLR 93 PART I Summary of Facts The dispute occurred in Victoria between a registered company‚ Tallerman & Co Pty Ltd ("the plaintiff") and an incorporated company‚ Nathan’s Merchandise Pty Ltd. ("the defendant)‚ where both parties operated their business. Two previous binding contracts (orders No. 58 and No. M57) were made in communications on 14th May 1951 and 2nd August 1951 respectively‚ each for the sale by the plaintiff
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HRM Pty Ltd To: Senior Management From: Ms June Bellard‚ Human Resource Manager Date: 7/3/2012 Subject: Proposal for implementing policies and processes relating to separation and termination. To achieve successful policies/processes relating to separation and termination they need to be implemented correctly. The key elements of a successful policy/process is the ease of the implementation and the fulfilment of purpose. I propose the employees responsible for this duty would benefit from
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The aspects are the connection or relationship between the contracting parties and the degree of imbalance between the loss suffered by plaintiff and the stipulated liquidated damages. A good relevant case is Ringrow Pty Ltd v BP Australia Pty Ltd (2005) 222 ALR 306. Ringeow and BP entered an agreement in 2005 to purchase a service station. The agreement required Ringrow to purchase fuel only from BP and allowed BP to buy the service station in case of reach of the agreement. After
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Case 2 Yakka Pty. Ltd. Brief background of the case study: This case tells us about the Information technology service firm (Yakka Tech Pty. Ltd.) This firm provides I.T services throughout Australia and New Zealand. Basically‚ this firm install and upgrades enterprise software systems and related hardware on the client’s sites. To provide all these services it employees 1500 people. It has customer service division that consist of four customer contact centres serving clients within each region
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For the case of Sopov v Kane Constructions Pty Ltd (No 2) [2009]‚ the appellant engaged the respondent as contractor in a construction project. The appellant repudiated the contract by wrongly calling on the respondent’s bank guarantee‚ in response to which the respondent terminated the contract and claimed damages for quantum meruit. The Court of Appeal applied the NSW Court of Appeal decision in Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 which provided that
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\\Yakkatech‚ Inc. Steven L. McShane‚ University of Western Australia YakkaTech Inc. is an information technology services firm employing 1‚500 people throughout Washington and Oregon. YakkaTech has a consulting division‚ which mainly installs and upgrades enterprise software systems and related hardware on the client’s site. YakkaTech also has a customer service division that consists of four customer contact centers serving clients within each region. Each customer service center consists of
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Background of the Company Haigh’s Manufacturing Pty Ltd is oldest family owned chocolate maker in Australia. The organization makings chocolate and confectionary as a traditional small batch maker. In May 1915 Alfred E Haigh opened the first door of Haigh’s Chocolate Store in Adelaide. He was using his own flavor to the industry and in 1917 he started producing chocolate covered fruit centers. Day by day company was booming‚ expanding with generations. Today the company is ride by 4th generation
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Provide a brief description of the business‚ state why you consider it to be “Entrepreneurial”; explain how the business creates value through the identification and exploitation of new products‚ processes and/or markets. Medsaic Pty Ltd is an Australian biotechnology company that is a good example of a successful start up entrepreneurial business. Founded in 2003‚ as a spin-off company from the University of Sydney‚ it was established to commercialize patented intellectual property covering the
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lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent contractor. Facts While working for Brodribb Sawmilling Co‚ Stevens and Gray were employed by Sawmilling Co Pty Ltd as a trucker and snigger. During 1985‚ while Gray was moving a Log onto Stevens truck
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CASE NOTE Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd [2010] NSWSC 267 New South Wales Supreme Court‚ heard by Fullerton J Gammasonic v Comrad[1] demonstrates the reluctance of the courts to interpret the Sale of Goods Act to include software downloads as a “good”‚ preferring to leave the matter up to statutory review. It primarily discusses whether a software package delivered by online download is effectively classed as “goods" for application of
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