Sample Essay on:
Australian Law Questions

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Essay / Research Paper Abstract

This 9 page paper looks at three different scenarios. In the first an employer who has made a promise of extra payments wants to get out of the promise. The second concerns the liability of business partners for contracts entered into on behalf of the business. The last considers the liability created when a cheque is stolen that may have been made out in a variety of ways.

Page Count:

9 pages (~225 words per page)

File: TS14_TEquestaul.rtf

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Unformatted sample text from the term paper:

wants to get out of this promise. In looking at this case we need to consider the issue of employment law, where the offer made by the employer needs to be considered. There is a difficult scenario, trail rides are booked and one ranch hand walks out. The employer has promised the one remaining ranch hand, if he "sees you through" and takes half of the rides, then he will be given the outer ranch hands salary. However, rain leads to a large number of cancellations, sales are down and there is a desire to make a saving by reneging on the promise. To examine this we need to look at contact law in the employment context and assess if this is a contract that commits the employer to make the payment. The issue of contract law is a standard answer; for a contract to be in place there are several elements that need to be present, offer, acceptance, consideration moving from one party to another, the intention to make a contract and sufficient capacity to make that contract. The employer has made an offer. It is not very specific, as it states to see him through. However, there is also the specification of taking half of the trail rides booked. This appears to have been accepted. The consideration may be argued as the payment of the additional salary that would have been paid to the ranch hand that left and the work to be undertaken by the ranch hand. In the employment contract promises will usually be the employer to pay the employee, and the employee to undertake the work. ...

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