Commercial Law & Legal Training Key Points
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Questions and Answers

According to the discussion, what might a government consider when people start to become irresponsible?

  • Investing more in social media platforms
  • Encouraging freedom of speech without limits
  • Prohibiting all forms of communication
  • Regulating social media usage (correct)

The legal training institute (LTI) requires law graduates to sit for English proficiency tests.

True (A)

What is the cost mentioned for graduates to pay for the English proficiency test to enter LTI?

1300

Economic development of any country is driven by the ______ sector.

<p>private</p> Signup and view all the answers

Match the entity with an appropriate description:

<p>Businesses = Pay taxes to the government. Private sector = Drive the economic development of a country Government = Responsible for the cost of goods and services. Consumers = Receive employment from the government.</p> Signup and view all the answers

What is the key concern regarding the Internal Revenue Commission's (IRC) hacked computer systems?

<p>The compromise of taxpayers' personal information (C)</p> Signup and view all the answers

Breaching someone's privacy online is not a legal issue.

<p>False (B)</p> Signup and view all the answers

What type of construction company is mentioned as an actual company based in Brisbane?

<p>Cameron Peter Elevated</p> Signup and view all the answers

In international contracts, parties may elect to apply the law of a ______ country, third party.

<p>third</p> Signup and view all the answers

Match the term with the correct definition:

<p>International Sale of Goods = Transaction between international borders Insurance Law = Deals with the insurance coverage of goods Private International Law = Deals with private international issues. Law of Agency = Deals with appointing an agent</p> Signup and view all the answers

What is a critical factor to ascertain when dealing with a company in a commercial transaction?

<p>The authority to bind the company to a contract (C)</p> Signup and view all the answers

Goods and Services Tax (GST) is not an issue of taxation that would apply to a transaction.

<p>False (B)</p> Signup and view all the answers

What is the main reason mentioned for the complexity of the commercial law course?

<p>involves different areas of the law</p> Signup and view all the answers

In the performance of a contract, a party may be guilty of ______ or agent.

<p>negligence</p> Signup and view all the answers

What is the purpose of competition laws or antitrust laws?

<p>To regulate the conduct of businesses in a particular market (B)</p> Signup and view all the answers

If a business has a monopoly in a particular market, standards usually rise and services improve.

<p>False (B)</p> Signup and view all the answers

What is the full name of the biggest brewery in Papua New Guinea that once had a monopoly?

<p>SP Brewery</p> Signup and view all the answers

When a calculator has monopoly or substantial market share, it may ______ its market power

<p>abuse</p> Signup and view all the answers

Match the correct jurisdiction with the correct description:

<p>Papua New Guinea = Has two Breweries. The United States = Has an effective and powerful legal regime in the world. Australia = Has triple legislation law. Philippines = Where Airlines are able to import everything to keep the fuel at a lower cost</p> Signup and view all the answers

According to the discussion, what makes the operation of Philippine Airlines less costly compared to airlines in New Guinea?

<p>Aircraft maintenance and fuel consumption primarily occur in the Philippines. (C)</p> Signup and view all the answers

Shareholders are liable for taxes of teh company

<p>False (B)</p> Signup and view all the answers

What is the most preferred legal entity for Businesses?

<p>companies</p> Signup and view all the answers

A company is able to ______ itself, or the shareholders and directors are insulated themselves from liability of the company.

<p>insulate</p> Signup and view all the answers

What action has the legal training institute taken regarding poor English skills?

<p>They have made English proficiency tests a condition for entry. (B)</p> Signup and view all the answers

When law and order are escalated, it usually helps businesses and does not impact their costs.

<p>False (B)</p> Signup and view all the answers

What is the official language of instruction and commerce is music?

<p>English</p> Signup and view all the answers

When there is an escalation of Law and Order problems of teh private sector businesses it adds ______ costs to buisnesses

<p>additional</p> Signup and view all the answers

March each entity to a description:

<p>Lecture Assesntsments = Conducted in English, and law books is also written in English. Law Students = Entering LTI to sit for English proficiency tests the National Court = Where you would need to get order from Lawyers = Should improve on their English language.</p> Signup and view all the answers

According to the discussion, what is the government planning to do, for everyone using social media,?

<p>Going to make it compulsory for every person who's going to use social media to have an NID. (A)</p> Signup and view all the answers

Australia is not a member to the United Nations Convention, international sale of goods

<p>False (B)</p> Signup and view all the answers

What is the process called where disputs arising from the contract is included between companies during international and domestic contracts.

<p>arbitration</p> Signup and view all the answers

If there is any ______ disclosure to third parties what action would be affected by party there.

<p>unauthorized</p> Signup and view all the answers

Match the term with a legal description:

<p>Capacity = Right to have the power to enter a contract. Minor = Incapable in law to enter in a contract. Directors = Has the power in the company to enter in a contract. Unversity = Created by statue.</p> Signup and view all the answers

Regarding duty in law of agency, when a principle appoints an agent, what kind of relationship does it impose/

<p>A relationship of trust and confidence. (C)</p> Signup and view all the answers

The law can be changed under festival

<p>False (B)</p> Signup and view all the answers

What is something that companies have a capacity to do besides enter into contracts to hold and depose of properties?

<p>Capacity to sue and be sued</p> Signup and view all the answers

In order to make it unbearable for Paradise to ______ against them in a beer market.

<p>compete</p> Signup and view all the answers

Match The follow American Corporation with what they are known for.

<p>Nike = Known American corporation Cola = Known American corporation Meta = Facebook Google = Major corporation</p> Signup and view all the answers

According to this course what does it mainly contain that is more complex?

<p>A Commercial transaction. (A)</p> Signup and view all the answers

What action might a government consider when people become irresponsible on social media?

<p>Regulating its usage (B)</p> Signup and view all the answers

According to the discussion, poor English is acceptable for law graduates.

<p>False (B)</p> Signup and view all the answers

What do law graduates entering LTI need to sit for?

<p>English proficiency tests</p> Signup and view all the answers

Economic development of any country is driven by the ______.

<p>private sector</p> Signup and view all the answers

What is a significant concern regarding the Internal Revenue Commission's (IRC) computer systems being hacked?

<p>Compromised data information of taxpayers (B)</p> Signup and view all the answers

Prohibition is the same as restricting or regulating the usage of something.

<p>False (B)</p> Signup and view all the answers

English is the language of instruction and commerce where?

<p>Papua New Guinea</p> Signup and view all the answers

Lectures and assessments are conducted in ______.

<p>English</p> Signup and view all the answers

Match the term with its corresponding action or result:

<p>Private sector businesses = Drive economic development and consumption Escalation of law and order problems = Adds additional costs to businesses Businesses paying taxes = Provides revenue for the government Tax increases to businesses = Shifted to consumers</p> Signup and view all the answers

According to the discussion, what might the government make compulsory for every person who's going to use social media?

<p>A National Identification Document (NID) (A)</p> Signup and view all the answers

When there is no competition in a particular market, the standards usually rise.

<p>False (B)</p> Signup and view all the answers

What laws are designed to regulate the conduct of businesses?

<p>Competition or antitrust laws</p> Signup and view all the answers

Competition laws, also known as ______ laws, are created to regulate the conduct of businesses in a particular market.

<p>anti-trust</p> Signup and view all the answers

Match the concept with why the concept is harmful.

<p>Monopolies = Consumers pay higher prices. Unregulated conduct of businesses = Detrimental to competitors. Substantial market share = Potential for market power abuse. Falling standards = Services and quality suffer.</p> Signup and view all the answers

According to the discussion, which country's antitrust law is considered the most effective and powerful?

<p>United States (C)</p> Signup and view all the answers

Directors and shareholders are always responsible for the liabilities of a company.

<p>False (B)</p> Signup and view all the answers

The power to enter into a contract for a corporation lies with whom?

<p>Board of Directors</p> Signup and view all the answers

A company has the power to enter into contracts and to be ______ in its corporate name.

<p>sued</p> Signup and view all the answers

Match the company structure with the potential benefits.

<p>Personal assets protected = Liability is separate from business. Able to borrow money = Capable of running the business. Credibility with lenders = Recognized legal entity Separate from the company = Directors and shareholders not liable</p> Signup and view all the answers

Flashcards

Government's Role

Government intervention that may consider regulating when people start to become irresponsible.

English Proficiency Tests

Requirement for law graduates entering LTI to undergo English proficiency tests.

Assessment Criterion

The criterion for marketing assessments includes command of the English language.

Law and Order Impact

Escalation of law and order problems can lead to additional costs for businesses.

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Cost Shifting

Costs due to escalation of law and order problems are typically passed on to consumers.

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Data Breach Concern

Hacking into personal taxpayer data is a major concern.

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Jurisdiction in Disputes

When disputes arise between parties, the contract determines which law and court have jurisdiction.

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Third-Party Law Election

Contracts often include clauses where parties can choose the law of a third country to apply.

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Compulsory Arbitration

Disputes are often resolved through arbitration, usually compulsory before court action.

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Separate Legal Personality

Companies assume a separate legal personality once incorporated.

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Binding Authority

Knowing who has the authority to bind a company to a contract is very important.

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Dominance of English

English is the primary language for instructions, education, and business.

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English Proficiency

Poor English skills are not justifiable, particularly for law students and graduates.

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English Command

Command of English is key to marketing assessments; poor English can lead to penalties.

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Private Sector

Economic growth in any country is driven by private sector businesses.

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Commercial Law

Commercial law involves various legal areas and can be complex.

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Agent Duties

Specific duties are imposed by law on an agent within the law of agency.

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Equity Duties

Equity imposes certain duties on an agent, based on trust and confidence principles.

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Competition Law

Competition law regulates business conduct in a specific market to prevent monopolies or abuse of power.

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Market Monopolization

Monopolizing a market can lead to anti-competitive conduct, harming competitors and consumers.

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US Antitrust Law

US antitrust law is influential, with an extraterritorial effect on global corporations.

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Airline Behavior

Airlines are influenced by market forces, not anticompetitive behavior.

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Companies

The first thing in any commercial transactions is to know what sort of business entity is involved. You must ensure that it is properly registered otherwise not valid.

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The cost of air Services

The cost of air services varies by location, with PNG having higher operating cost than philippines due to import cost

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The standards of Lectures ship

Transparency and accountability must be maintained in every lecture

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Study Notes

Commercial Law Key Points

  • An escalation of law and order problems and unfortunate things happening in Bucha can add additional costs to businesses.
  • When law and order become a problem, any responsible government must hear and quickly address these issues.
  • Escalations impact businesses and consumers.
  • Government regulation might be considered if people become irresponsible.
  • The government may regulate social media usage, potentially making an NID compulsory for users.
  • Restricting and regulating access to news is considered rather than prohibition
  • The legal training institute requires law graduates entering LTI to sit for English proficiency tests.
  • Law students and graduates sometimes exhibit poor English skills.
  • Command of the English language is a criterion for marketing assessments
  • Poor English could result in penalization or a failing grade.
  • Lectures, assessments, law books, and judgments are in English,
  • The justification of English not being a first language is unacceptable.
  • Law graduates must pay 1300 for the IELTS test to enter LTI.
  • Legal action is ongoing regarding breaches of privacy.
  • Hacking into systems raises concerns about the personal information of taxpayers being compromised.
  • Examples are massive hacking in Australia and Telstra Hacking.
  • There is a discussion about screenshots of posts.
  • Government will make compulsory for every person using the social media that have an NID for example

Commercial Law Concepts

  • A Cameron Peter elevated is an actual company that is based in Brisbane
  • Factual scenarios involve the law of contracts and sometimes involves the law of agency

International Transactions and Law

  • International transactions may require international sale of goods.
  • Issues of which law should apply to international sale of goods transaction arises, with options being international conventions or domestic laws.
  • Papua New Guinea (PNG) is not a member of the United Nations Convention on Contracts for the International Sale of Goods, while Australia is.
  • A good then also deals with insurance law, of course, because you going to transport this good ship, this good from australia to PNG, who is going to be responsible for insurance cover and the goods in the event that they get lost in sea
  • Legal issues also deal with private international law and conflicts of law.
  • Parties in a contract can elect to apply the laws of a third country.
  • Arbitration clauses are common in international contracts as a compulsory process before court action.

Business Entities and Contract Law

  • Parties must keep any disclosure or private information about between the companies secure and unauthorized
  • In commercial transactions, it is important to understand types of entities.
  • It's very important to note who has the authority to bind a company to a contract.
  • This includes shareholders, directors, company secretary or general manager.
  • Issues of taxation may arise in transactions, like GST.
  • Commercial transactions involve different areas of the law and one need to be competent
  • Commercial transactions involve complexities and different areas of the law.
  • The course will cover negotiable instruments, payment for goods and services, insurance and intellectual property.

Agency

  • A law of agency includes a relationship of trust and confidence between the principal and the agent
  • Legal issues also arise from negligence and law of torts
  • Agent may be exposing to liabilility and thus will expose the principle too
  • An agent has equity and care for the principle

Competition Law and Market Dynamics

  • Competition law can also be called anti-trust law
  • Competition law refers to the conducrt of businesses or entities in a chosen market.
  • Business entities operationg in a specific market may either monopolize it or have a substantial market share.
  • The potential for people to abuse the market power is of interest in the law.
  • Such could lead to an anti competitive conduct which is detrimental to other persons who can also enter the market or other competitors.
  • Consumers suffer when this happens
  • Standards and services will drop while consumers will have to pay a higher price by then.
  • Competition laws are designed to regulate the conduct of businesses in a free market
  • Industries that have the most competition will have prices that will usually come down
  • When companies have a monopoly is could basically hike the price and consumers have no choice but to pay an higher price
  • With the import of Paradice beer tryong to enter the market will bring the prices down which will allow them to compete
  • They can't compete against SB beer because its so cheap

Airline Industry

  • Air phase always goes very high
  • Airline business is one of the most expensive businesses in the world
  • Costs are usually very high
  • Air Force are basically fought by market forces which depends on market
  • With smaller airlines they are unable to compete at that level as basically too difficult and expensive
  • Philipines is a very laarge airline compared to New Guinea with the abilility to have interntaional business networks to afford the cheaper priceds
  • Unlike New Guinea which is basically to import everything causing the cost

Sovereignty

  • One British Politician comments that USA has no regard for sovereignty for other nations when they are after large American Corporations beyond the borders of us

Education

  • Must never slack enough
  • Lack of trasparency and accountability compromises education
  • Must adhere to University's Academic Rules
  • Not using correct methods during lectures compromise standards of education
  • State owned enterprises lead to poor management and governance

Business Organizations

  • So you need to know that what sort of organization you're dealing with
  • Need to what sort of entity you're dealing with
  • It is important to understand the source of organization that one is involved with
  • It is important to know what power the company has to enter into a contract
  • It is important to understand if the company does have capacity to enter into a contract
  • First needed to make sure company is registered
  • The companies once incorporated assume a separate personality, independent of its shareholders and its directors and offices of the companies
  • You cannot speak or toucn or feel the company
  • Each one needs to know the directors and share holders
  • The important thing is the board of directors and not the CEO or General Manager
  • The company entity in contract
  • The first in any commercial transactions to know what sort of business entity with the law, company law
  • Important to know the trustees in the office
  • Companies most preferred entity in investment.

Companies

  • Can insulate themselves from liability
  • Seperate personality that can be independent Shareholders and directors
  • Each shareholder must separate
  • Capactity to enter into a contract
  • Can hold and dispose of properties
  • Capacity to sue and be sued in its corporate name
  • It assured owns own liabililities
  • Capable of borrowing money from the bank
  • The bank has capacity to take action against company and not Shareholders.
  • Director maybe personally be lied for breach of duties

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Description

Key points on commercial law's impact on businesses and consumers, including potential government regulations. Also covers the importance of English proficiency in legal training, highlighting requirements and potential consequences for poor language skills.

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