Critically Discuss this statement with reference to Lee v Ashers Baking Company Ltd [2018] UKSC 49

/in /by

Political and/or religious views cannot be an excuse for discrimination based on sexual orientation.

Critically Discuss this statement with reference to Lee v Ashers Baking Company Ltd [2018] UKSC 49. In your essay, you should use at least one academic journal article and at least one other reliable secondary source (other than an academic journal article) identified through your independent research

Define potential claims in contract and/or in common law.

/in /by

You are the Client Hotel:

1. Define potential claims in contract and/or in common law.
2. Substantiate your claims.

How do you see the franchising model evolving in the future?

/in /by

Franchising

Take-home Test

Semester 2 2020 

This test contains 10 questions of equal value.  Answer any three questions.

This test represents 20 percent of the assessment in this Unit.

This test is open book.

There is a 600-word limit for each question.

Please start the answer to each question on a new page.

Footnoting and formal referencing is not required but submission via Turnitin obviously requires that sources of copied material are acknowledged.

Please write your SID at the start of your answer document.

Question 1

Over the next decade what do you consider is:

i    the greatest issue facing the franchising sector

ii   the greatest policy challenge for regulators

iii   the greatest opportunity for franchising

Question 2

The franchising sector displays a great capacity for nurturing innovation and entrepreneurship.

Second reading Speech, Competition and Industry Codes Amendment (Industry Code Penalties) Bill 2014

How do you see the franchising model evolving in the future? In what ways may the Australian franchise sector of 2030 look different to the sector today?

Question 3

Beyond fried chicken! Outline two examples of the innovative development or application of franchising beyond its traditional and conventional use?

Question 4

Outline the contribution to our knowledge and understanding of franchising that can be gleaned from two franchise systems studied during the course.

Question 5

With reference to ACCC v Geowash or Virk v YUM (or any other relevant decision) consider the effect and impact of the unconscionability and good faith provisions on any two of the following:

  • system change
  • franchisee profitability
  • the franchisor’s wide discretionary powers
  • the franchisor’s support of the brand
  • franchisor practices not consistent with representations
  • ‘unethical practices’ generally

Question 6

Discuss two issues relating to:

  • Practices in franchising that may contravene the competition provisions of the Competition and Consumer Act 2010 (C’th), or
  • The protection available to a franchisor to protect the franchise system’s intellectual property and goodwill.

Question 7

Why is franchising encouraged by governments in developing economies? Consider the factors that impact on the development of franchising in these economies and the key opportunities, challenges and strategies for an Australian franchising system seeking to expand internationally to one of these markets.

Question 8

Entrepreneurship and business activities are shaped not only by markets, but also by regulatory and administrative environments established by governments.

                                                           OECD

The Franchising Code of Conduct seeks to strike an appropriate balance between the legitimate business interests of both franchisors and franchisees? Outline two particular issues in relation to which franchisees may argue that the balance could be more appropriately drawn and your recommendations in respect of each.              Question 9

Outline the commercial and legal issues that arise in respect of either:

  • the franchisor’s liability for franchisee misconduct, or
  • the franchisee’s position in the event of the franchisor’s insolvency.

Question 10

I began what would become the most distressing ten years of my life back in 2006 when I bought an XXX franchise

This sentiment from a submission to the Joint Parliamentary Inquiry into the Operation and Effectiveness of the Franchising Code of Conduct was, unfortunately, expressed frequently in other submissions. In your opinion is the problem one of franchisees not exercising appropriate due diligence in making the decision to acquire a franchise, or is more radical surgery to the Franchising Code of Conduct required,  or is the franchise model broken and franchises are indeed ‘nonsense”?         

 

                                               

 

 

 

 

 

 

 

 

 

 

 

 

.

 

What steps G Ltd should consider taking as an organisation to avoid any possible future allegations of bribery.

/in /by

CHECK THE ADD FILE. You have recently been employed as a Compliance Officer for G Ltd, a London-based company that produces medical products and services for the healthcare sector. The company was established in 2018 before the Covid-19 pandemic crisis, and initially specialised in producing Personal Protective Equipment (PPE) for frontline healthcare workers. It has expanded rapidly in less than a year and now employs over 150 people. The company supplies healthcare products and services to NHS Trusts and other healthcare providers in the UK.
G Ltd occasionally promotes its goods and services using corporate entertainment. For example, it hired a private box hospitality suite at the 2020 Cheltenham Festival (a national horse-racing event) in order to ‘meet and greet’ key UK customers. A four-course meal was served as well as afternoon tea. Guests had access to a free private bar and could place their own bets on the racing using a dedicated betting service. The Cheltenham event was principally held to promote public relations, networking, and interest in G Ltd’s products and services.
G Ltd has been considering the possibility of hosting much more extravagant events in line with its competitors to avoid losing business to them.
The Board of Directors has recently learned that one such competitor is being investigated for bribery due to its lavish corporate hospitality program. You have been called to a board meeting. You are expected to give a 5-minute presentation covering the following matters:
1. Whether the hospitality provided by G Ltd for guests at the Cheltenham Festival event might make it criminally liable for bribery
2. Whether G Ltd’s plans to expand its corporate entertainment program may give rise to allegations of bribery
3. What steps G Ltd should consider taking as an organisation to avoid any possible future allegations of bribery.
Guidance: The Board will want an outline (rather than a detailed analysis) of any relevant bribery offence(s) and whether/why these offences are likely/not likely to have been committed in the circumstances. The Board will need to be appraised of the circumstances in which corporate hospitality is likely to amount to bribery and what steps might be taken by the company to avoid such allegations in its future dealings.
As a Compliance Officer you should be appropriately dressed for the meeting, and act with confidence and credibility, ensuring you maintain frequent eye contact with the Chairperson. You should present the information requested at an appropriate volume and with clarity.
This is a professional meeting. Students are expected to arrive at least 10 minutes early prior to the scheduled start time. Students who are late will lose marks for professionalism. Students who fail to attend the meeting will fail the assessment.
All meetings will take place within scheduled teaching hours for the module or during scheduled assessment periods as dictated by the Faculty Office.

Develop legal and policy arguments based on international trade law that it can use to make the case for adoption of the CLOUD Act and respond to anticipated challenges from Company Accura.

/in /by

I need a response paper (500 words) to address the following problem explaning the rules and exceptions from GATT and GATTS that would apply and data protection laws / cybersecurity legislation.

Company Accura is a provider globally of cloud services. Country Concerntia has proposed the CLOUD Act. Under this regulation, all cloud service providers are required to store on domestic servers the personal data of citizens of Concerntia. The government of Concerntia wants to ensure that its citizen’s data is protected according to its domestic privacy standards, and in order to increase the cybersecurity of personal data. Concerntia has a single cloud service provider that only operates domestically. Concerntia has entered into a bilateral arrangement with neighboring Country Private which has a similar standard of privacy and cybersecurity and that allows for cross-border flows of personal data without restriction.

Concerntia is a member of the CPTPP and the WTO. Under its GATS schedule CPC 843 and 844, Concerntia has listed “None” for mode 1 for market access and national treatment under CPC 843 and 844.

The Concerntia trade minister has asked you to develop legal and policy arguments based on international trade law that it can use to make the case for adoption of the CLOUD Act and respond to anticipated challenges from Company Accura.

If you need additional information, specify what you need and what assumptions you are you making.

Research and analyse the process of Policing and Prosecuting Cybercrime in the UK.

/in /by

Research and analyse the process of Policing and Prosecuting Cybercrime in the UK. It is important to consider what challenges policing and prosecution face at each stage of the process and compare and contrast any examples from other countries/research/analysis that you find to emphasize the points made

Explore the legal/ethical issues raised in the film ‘A Few Good Men’.

/in /by

Explore the legal/ethical issues raised in the film ‘A Few Good Men’. Is it a good defence to argue ‘I was simply obeying orders’?

The group’s presentation should outline the facts, identify the issues, explain the resolution and suggest an opinion or recommendation on the topic.

Critically assess the extent to which the increasing use of AI could mean that the law, functions, principles and practice of trademarks need to be reconsidered.

/in /by

The impact of Artificial Intelligence (AI) on trademark law must not be overlooked. Considering relevant case-law, critically assess the extent to which the increasing use of AI could mean that the law, functions, principles and practice of trademarks need to be reconsidered.

Critically analyse the impact that Young v Bristol Aeroplane Co Ltd ([1944]) KB 718 CA) has had on the doctrine of stare decisis and whether this contradicts the underpinning principles that the English legal system relies on.

/in /by

Assignment Task The heart of the English legal system is built on the doctrine of stare decisis. Critically analyse the impact that Young v Bristol Aeroplane Co Ltd ([1944]) KB 718 CA) has had on the doctrine of stare decisis and whether this contradicts the underpinning principles that the English legal system relies on. Use legislation and case law within your answer.

Discuss the federal, state, and local laws that may be applicable in resolving your particular real estate issue

/in /by

Summarize one of the articles, Ive attached 2

Analyze the real estate issue involved. Give more than one side of a particular issue.

Discuss the federal, state, and local laws that may be applicable in resolving your particular real estate issue

Provide at least one recommendation on how the real estate issue can be resolved, using either actual cases or your own real-life examples to support your analysis