Australian Business Entities: Structure, Liability, and Registration
Business Organisations and Legal Structures
Agency in Business Organisations
- Partnerships and companies contract through agents.
- Partners can be agents of the partnership; directors are agents of the company.
- In most cases, agents will have actual authority.
- If no actual authority exists, ostensible authority may apply.
Types of Business Structures
Associations (Not-for-Profit)
These organisations are not for profit, but for members.
Types of Associations:
- Unincorporated Association (More than 2 members)
Sports Law Test Questions: Antitrust, NCAA, and Athletic Regulation
Chapter 11: Professional Sports and Antitrust Law
True or False Questions
- Section 1 of the Sherman Act prohibits concerted action that unreasonably restrains trade in a relevant market. TRUE
- Predatory or exclusionary conduct designed to enable an organization to acquire or maintain monopoly power in a relevant market is permitted under the free trade exception to Section 2 of the Sherman Act. FALSE
- The law of private associations enables a court to review the actions of a private association when it
Essential Concepts of Contract Law: Offer, Consent, and Consideration
Types of Offer and Proposal
Definition (Section 2(a), Indian Contract Act, 1872)
When one person signifies to another his willingness to do or abstain from doing something, with a view to obtaining the assent of that other person to such act or abstinence, he is said to make a proposal or offer.
Explanation
An offer is the first step in the formation of a contract. It expresses a person’s readiness to enter into a legal relationship on specific terms.
Classification of Offers
- Express Offer: Made by
Constitutional Rights and Cyber Laws in India
Freedom of Speech and Article 19
Media rights are protected under Article 19(1)(a) of the Constitution, guaranteeing freedom of speech and expression.
Constitutional Framework
A. Article 19(1)(a)
- Grants every citizen the right to express themselves freely.
- Media, being the medium of speech, enjoys this right as well.
- Freedom includes:
- Right to print and publish news.
- Right to criticize government policies.
- Right to access information (subject to laws).
- Right to broadcast through TV, radio, and the internet.
Constitutional Protection of Rights: Amparo and Equality Principles
Judicial Protection of Fundamental Rights (Amparo)
Article 53.2 of the Constitution provides that the rights included in Articles 14 to 30 shall be protected by a special summary procedure known as judicial protection (Amparo).
This procedure was initially regulated by Law 62/1978 (prior to the Constitution), which has since been repealed. Currently, judicial protection is regulated under several specific laws depending on the jurisdiction:
- Administrative Litigation: Law 29/1998 (LJCA).
- Civil Jurisdiction:
Protecting Creditors: Share Capital Maintenance in Corporate Law
Doctrine of Maintenance of Share Capital
The doctrine or principle was developed primarily to protect the company’s creditors.
- Creditors have the right to be assured that the company’s capital is applied solely for the purpose of operating the business of the company.
Key Case Law on Creditor Protection
Re Exchange Banking Co – Jessel MR
The creditor lends money to the company based on the promise that the capital will only be used for business purposes. Because of this, the creditor has the right
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