Big assignment

1. Henry hit Denny in his birthday party. Henry was prosecuted on battery
charges by the district attorney. Subsequently, Denny took Henry into the court for
money damages. Classify each legal action. What are remedies? (1 point)
In this case, Henry hit Denny at his birthday party, which is a battery violation
because Henry made unlawful physical contact with Denny and this physical contact
tortured or attempted to severely affect Denny for some reason. Denny filed a case
against Henry in the district attorney's office after Henry made unlawful physical
contact with him during his party, causing him harm and defaming him, and Henry was
charged with battery.
Denny committed an unlawful action against Denny that may have resulted in
severe damage, so Henry will receive 30-40 days in prison for his actions, but there is
no involvement of money damages by Henry to Denny, so the court will not tell or
order Henry to pay Denny damages in monetary terms.
There are some treatments available, such as those listed below.
In this case, the court will try to reach a compromise because Henry did not
intend to cause more harm, but he did it in common aggression unlawful action by a
human, so he should be imprisoned for a few days, and Denny did not find any money
lost or severe damage on his body, so the compensation demand is incorrect in that
case.
2. Imagine s 22 of the TAFE Education Act 2002 in your jurisdiction makes it an
offence ‘to bring any concealed notes, sketches, books or aids relevant to the examination
into an examination room’. The Education Minister said in parliamentary debate that s 22
was intended to give examination monitors stronger powers to prevent cheating. Explain
how the literal rule; golden rule or mischief rule and purpose approach could be applied
to the following situations.
(a) Tobey is caught in an exam room receiving instructions over a mini radio hidden
in his shirt.
(b) Chrisia
accidentally leaves notes in her pocket when she enters the exam room.
Thirty minutes later she realises what she has done and hands them to the exam monitor.
(c) Demiwrites down some notes during an exam. She finishes early and leaves the
notes on her desk. Loy, another exam candidate, is caught reading them. (1 point)
a) Tobey should not be charged with an examination offense because the radio
call has nothing to do with the examination. Furthermore, he might not be using it to
cheat.
 b) The fact that she handed over the notes to the examiner could be interpreted
as honesty. However, we don't know whether or not she used it.
We should compare her answers to the notes and charge her with an examination
offense if there is a high similarity.
c) Loy has committed an examination offense because he should not be found
with any written material during the examination and he is found with notes. Taking
notes and using them during the exam is a violation.
3. Fiteen-year-old Tanya entered an 'apprenticeship' contract for three years which
required her to train 12 hours a day, seven days a week and perform only in shows
arranged by Ramona, a famous ballet teacher. In return, Ramona promised to provide
Tanya with room and board and £25 a week spending money. Ramona had an option to
renew the contract for another three years. When she turned 17, Tanya took up a part-
time position as a cheerleader for a basketball club and this caused her to miss some
lessons and ballet performances. Ramona sued Tanya for breach of her contract of
service. Advise Tanya whether Ramona is likely to succeed in your jurisdiction. Ignore
aspects of employment law in your answer. (1 point)
Tanya, a fifteen-year-old girl, signed a three-year 'apprenticeship' contract. Tanya
is a minor, and she lacks the legal capacity to enter into a contract. As a result, she is not
restrained. The contract, however, required her to train 12 hours a day, seven days a
week, and only perform in shows organized by Ramona, a well-known ballet teacher. In
exchange, Ramona promised to provide Tanya with room and board as well as $25 per
week in spending money. Ramona had the option to extend her contract for another three
years. Tanya and Ramona have agreed to a three-year contract. Tanya's consideration is
training and performance, whereas Ramona's consideration is room, board, and money.
Both are valid points to consider. Tanya is learning and training from the teacher as a
result of this contract. Tanya also gets a job and money as a result of the contract. As a
result, she is eligible for educational benefits. Then it's a service contract, and Tanya and
Ramona are both bound by it.
Tanya began working as a part-time cheerleader for a basketball club when she
was 17, which caused her to miss some lessons and ballet performances. Ramona sued
her for breach of her service contract. In this case, the court will decide whether Tanya's
absence from some lessons and ballet performances is a condition or warranty of the
contract. Tanya will not cause Ramona any serious loss if she simply misses the lessons
that support the performance, and the court will treat this as a breach of warranty.
However, her performance is the most important aspect of the contract. Tanya's
disappearance thus violates the condition. The court will then rule on whether Tanya
violated the contract's terms.
 4. Carlos agrees to transport a valuable painting from London to Liverpool for
Danesh, for a fee of £500. The painting is required urgently, for an upcoming exhibition.
The day before the painting is to be transported, the only airline flying from London has a
problem with its jets, and all flights will be grounded for a week. This is the first time
such a serious problem has ever happened with this airline. The only alternative for
Carlos is to pay for a private chartered flight for the painting, or transport it by road. Both
of these options will cost more than £1000. Danesh claims that the extra costs are
Carlos’ problem, and that he will sue Carlos for breach of contract if the painting is not
delivered on time. Carlos says that the contract has now been frustrated, and a new
contract must be negotiated. Who is right? (1 point)
The contract between Danesh and Carlos has been frustrated.
The occurrence was precipitated by the fact that the only airline flying from
Darwin has a problem with its planes, and all flights will be grounded for a week. This
unforeseen event occurred after the contract was created, making Carlos' performance
impossible to transport a valuable painting from Darwin to Melbourne in a timely
manner.
Just to complete the contract by flying the painting on a private chartered flight or
transporting it by road will cost Carlos double his intended fee. Because this is the first
time a serious problem has ever occurred with the airline, this was a significant change in
circumstances that neither party anticipated when they signed the contract.
The unforeseen event was not intentionally caused by either party, and holding the
parties to the contract would now be unjust.
Carlos has not only broken the contract, but he has also broken the law. Carols
could instead claim that the contract was terminated due to frustration. Danesh and
Carlos' responsibilities are fulfilled there.
5. Roger Flahive is the managing member of Flahive Oil & Gas LLC. To exercise
mineral rights beneath certain real property, Flahive Oil & Gas contracted with Kaycee
Land and Livestock in Wyoming. Later, alleging environmental contamination, Kaycee
filed a suit in a Wyoming state court against Flahive and his LLC. On discovering that
Flahive Oil & Gas had no assets, Kaycee asked the court to hold Flahive personally
liable. “Is a claim to pierce the Limited Liability entity veil or disregard the Limited
Liability Company entity in the same manner as a court would pierce a corporate veil or
disregard a corporate shield, an available remedy” against an LLC? (1 point)
 The answer is yes. Under Wyoming law, courts may apply one or more equitable
principles, allowing them to disregard the corporate form and impose liability on
individuals for actions taken on behalf of a corporation. A corporation acts through its
agents and directors. These individuals are in charge of exercising control over
corporate affairs and making decisions on behalf of their corporation. This case was
remanded to the lower court to determine whether this circumstance justified piercing
the veil. While in some cases piercing the veil is dependent on whether a company is a
corporation or an LLC, the court did not see a reason to treat LLCs and Corporations
differently, thus justifying piercing the veil in this case.
6. How are corporations taxed differently than LLCs? (1 point)
7. Obtain a standard arbitration agreement form from a national arbitration
organization such as the VIAC, LCIA or SIAC …. Discuss specific features of these
agreements and the factors that might make you hesitant to submit a dispute to
arbitration. (1 point)
That the Arbitration agreement is an agreement between the parties to submit all or
certain disputes that have arisen or may arise between them in the context of a defined
legal relationship, whether contractual or not, to arbitration.
An arbitration agreement is one made by any two parties who enter into a contract
and provides for the resolution of any disputes that arise between them regarding the
contract agreement without resorting to the courts and with the assistance of an arbitrator.
A contract to arbitrate a dispute between the parties that arises later, as well as a
submission to the arbitrator of an existing dispute, must be in writing and signed by the
party seeking to be charged, or his lawful agent.
- To Express the Agreement to Arbitrate.
- To Choose between the Institutional or Ad hoc Arbitration.
- To Choose a Set of the Arbitration Rules.
- The Seat of the Arbitration.
- To Define the law of the Governing
- The Appointing of the Authority.
8. Experience in building a legal environment to promote the development of the
digital economy in Europe (France, Poland and Estonia) and implications for Vietnam
(5,000 -6,000 words) (4 points).