Question
The annual Australian Financial Advisors Association members conference will be held in Perth, Western Australia this year. Josie is the Sales & Events Coordinator for
The annual Australian Financial Advisors Association members conference will be held in Perth, Western Australia this year. Josie is the Sales & Events Coordinator for the Association which is headquartered in Sydney and she has the responsibility for arranging everything in connection with the conference. This year's conference will focus on 'Superannuation and Tax Concessions' and Josie's role is to ensure that all of the conference attendee's requirements are met including accommodation, travel, food and clothing. Josie begins her task by looking up the website of A-Class Tours Pty Limited in order to book a bus for the purpose of the delegate's travel to and from the hotel to the conference centre during the 5 day visit to Perth. The website clearly states that all bookings must be made online. Josie telephones the company on 11 January 2021 and has a general discussion with Jackson, the company representative, about a number of related matters including the availability of a bus, the dates and prices. She does not specifically confirm a booking or pay a deposit during that conversation. A week later on 18 January 2021, Audrey posts a letter to A-Class Tours Pty Limited office in Perth stating that she would like to proceed with her booking as discussed with Jackson. In addition to the 'booking' that she makes with A-Class Tours Pty Limited, Josie books all the accommodation and other conference and travel activities through 'Best Ever Travel', a travel agency. On 25 February 2021, Josie realises that she has not yet organised any of the specially made polo shirts which the delegates will wear during the conference. She goes to 'Shiny Promotions" to make these arrangements. She orders the polo shirts to be made with 'Australian Financial Advisors Association - Annual Conference 2021' to be embroidered on the sleeve. Josie agrees to buy the polo shirts for $75 each after the shop owner says "I've been in business for 28 years and my clothes are made from the finest quality cotton and workmanship. Trust me, you will have no problems with them. Look at this quality. Feel this material. I guarantee you that nothing will go wrong." Josie is so disappointed and stressed that she has left things to the last minute and tells the shop owner that if he does not provide the clothing ACBUS201A Commercial Law I within 14 days she will destroy him and his business. When the clothing finally arrives, Josie discovers the polo shirts are not made from cotton and the logo embroidered on the sleeve says "2020" rather than "2021". One week before the delegation is due to travel from Sydney to Perth, the West Australian Premier declares a state of emergency as a result of the worsening coronavirus pandemic and spreading infections, and decides to close all the borders. All flights into the State are cancelled and all roads into Western Australia are closed. As a result, all conferences and event gatherings are prohibited until further notice.
Businesses within Australia operate within a legal framework based on the fundamental common law principle of legal precedent, and an adversarial approach to dispute resolution. Some other countries also use similar common law systems, however many do not. First, research the legal systems of other countries, and then choose a country that does not use the common law system. Required: Compare and contrast how the legal system of your chosen country and explain how it differs from the Australian legal system, specifically regarding the role of precedent, and the role of judges in dispute resolution. You must include examples of each to support your comparison. You must include relevant legislation and/or case law (as applicable).
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