Partnership Law Law of Contract

Question: Discuss about the case study Partnership Law for Law of Contract. Answer: Introduction: Based on the facts provided in the case study, the issue that arises here is: Whether the partnership be bound by this contract? Can other partners take action against Lance? Legal Principles and Laws: According to Section 10 of the Partnership Act, 1892, where any wrong act is committed by any of the partner acting in the ordinary course of the business, or with the authority of the other partners, and resultantly injury or loss is caused to any third person or any penalty is incurred, in such cases, the firm shall be liable to the same extent as the partner who has committed such act (Morse 2010). Application of law to the Case Study: In the given case study, the partners shall be bound by this contract and they will have to pay the due amount to Lynton. The reason behind this is that, since Lance committed the act during the ordinary course of his business, hence, the other partners may make him liable for the contract Lance entered with Lynton. In this case, Lance did not act with the authority of other partners; however, the partners shall still be bound by the contract. In the case of, National Commercial Banking Corporation of Australia Ltd v Batty, the High Court held that if an act is done by any partner, without having actual authority, the other partners shall still be held liable as they have implied agreement over the acts that is done by another. Hence, Lynton may bring an action against the other partners (Section 15 of the Act) (Fletcher 2000). Yes, other partners may take an action against Lance. The other partners may file a suit for reimbursement at a personal level for not having acted in good faith while conducting his business with the third party (Fiduciary Relationship of Partners with one another ) (Blackett-Ord and Haren 2015). Conclusion: Hence, the partnership shall be liable under sections 10 and 15 of the Act and if the Judgement of National Commercial Banking is applied appropriately, these sections can be used as defence against the partners if they file a suit against Lance for reimbursement. Legal Issue: Based on the facts in the case study, the issue that arises here are the following: Do consumers have a remedy regarding the claims of the moisturizer? Whether Saqlaim be bound by the contract? Legal Principles and Laws: The Australian Competition and Consumer Commission impose restriction on the businesses to make statements that are not correct or likely to correct a false notion. This rule is applicable to advertising in special relation to the information provided on their product (Section 29 of the Australian Consumer Law) (Corones 2013). A contract becomes binding in nature if all the requisites of the contract is fulfilled in due accordance with the law. For a contract to be legally binding the following essentials should be fulfilled: offer, acceptance, consideration, competency and lawful object (Chandler 2015). Application of law to the Case Study: In the case of Xiaojing, she may be held liable for breaching section 29 of the Australian Consumer law for misleading or false representations as the product that she sold was not matching the requirements that was made in the advertisement of lavender and Echinacea moisturizer. In the case of Saqlaim, he shall be bound by the contract as he fulfilled all the requirements of a legal and binding contract. Conclusion: Conclusively, the consumers of Australia may successfully bring an action against Xiaojing for breaching the provisions of ACL. In the case of Saqlaim, no legal attention is required as the contract that was formed between the parties was legal and binding in nature. Legal Issue: Based on the facts, the issue that arises here is: Whether Felix can bring an action against Xiaojing for nonpayment of the money, she promised to pay? Legal Principles and Laws: As per the Fair Work Act, 2009, an employee can be paid incentive at any time of his employment. However, there are no separate laws that state the payment of incentive to employees; however, such payment may be guided by any kind of agreement existed between the employee and employer. A registered agreement can set out the rules as to how the incentive should be paid to an employee (Read and Dealing 2013). Application of law to the Case Study: In this case, there was no existence of any registered agreement between Felix and Xiaozing . Felix was not working as a permanent employee to Xiaozing but he would continue his employment until the summer holidays. Conclusion: Conclusively, Felix cannot sue Xiaozing for payment of 100 dollars as incentive. References: Blackett-Ord, M. and Haren, S., 2015.Partnership Law. Bloomsbury Publishing. Chandler, A., 2015.Law of Contract. Oxford University Press, USA. Corones, S.G., 2013.The Australian consumer law. Thomson Reuters, Lawbook Co.. Fletcher, K.L., 2000.The Law of Partnership in Australia New Zealand. LBC information services. Kolivos, E. and Kuperman, A., 2012. Consumer law: Web of lies-legal implications of astroturfing.Keeping good companies,64(1), p.38. Layton, R., Smith, M. and Stewart, A., 2013. Equal Remuneration Under the Fair Work Act 2009. Morse, G., 2010.Partnership law. Oxford University Press. Read, R. and Dealing, D., 2013. Union Recognition and Good Faith Bargaining under the Fair Work Act 2009(2012).Australian Journal of Labour Law,25, p.130.