Electronic Commerce: Formal Requirements in Commercial Transactions Advice from the Law Commission

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

Australia has taken from English Law in adopting the cab rank rule, encoded in The Victorian Bar Incorporated Practice Rules 2009 (Vic). This essay will discuss the application of the rule, the strengths and weaknesses and will conclude to discuss why the rule should remain an integral part of the Bar despite many calls for its abolition.

It is a requirement of the law that all businesses and organisations abide by given limitations and constraints. This report describes two selected limitations; Sales of Goods Act 1979, The Data Protection Act 1998 and two constraints; Pressure Groups and The Advertising Standards Authority (ASA).

“Many legal issues are related to e-commerce. When buyers and sellers do not know each other and cannot even see each other (they may even be in different countries), there is a chance of fraud and other crimes over the Internet. During the first few years of EC, the public witnessed many of these, ranging from the creation of a virtual bank that disappeared along with the investors’ deposits, to manipulation of stock prices on the Internet” (Turban et al., 2010).

In Legal Profession Complaints Committee v Amsden (“the decision”), the Tribunal made findings of professional misconduct against Ms Amsden. Subsequently, they determined that the appropriate disciplinary consequence of was a public reprimand, an order to pay a fine of $5,000, and an order to pay the full costs of the Committee. This paper will outline the legislative and theoretical foundations of legal practitioners’ professional ethics in Western Australia in conjunction with an exploration of the justifications for disciplining legal practitioners. Subsequently, there will be analysis of the Tribunal’s reasons for their findings of professional misconduct against Ms Amsden and the effectiveness of the penalties imposed in achieving the underlying purposes of the system of legal ethics in WA. Particular emphasis will be placed upon Ms Amsden’s conduct in relation to ‘bringing the legal profession into disrepute’; this will necessitate an examination of the concept of law as a profession and its wider role in society.

One of the tenets of law has always been the ideal that Parliament is wholly sovereign, being the conclusive controlling factor on which the United Kingdom constitution is based. Yet not all ideals are taken and translated into reality. The statement from Lord Hope in R (Jackson) v AG challenges the sovereignty of Parliament, by demonstrating that there may be limits to Parliamentary sovereignty of which can be seen through the proceedings of the R (Jackson) v AG case, Thoburn v Sunderland City Council, and HS2. Whilst conclusively determining that the rule of law is the ultimate controlling fact on which the United Kingdom’s constitution is based. Although counter-arguments can be taken from this statement and the appropriate cases, of which

Since implementation the Act has simplified and improved the regulation of legal service provision in England and Wales and has created a framework for legal services to be provided. The regulatory objectives and professional principles are set out in section 1 of the Act.

Horrigan, B, _Adventures in Law & Justice: exploring the big legal questions in Everyday Life_, Lawbook Company, Sydney, 2003

E-commerce Explain what is meant by the term ‘E-commerce’. It is the conducting of business communication and transactions over networks and through computers. As most restrictively defined, electronic commerce is the buying and selling of goods and services, and the transfer of funds, through digital communications. However EC also includes all inter-company and intra-company functions (such as marketing, finance, manufacturing, selling, and negotiation) that enable commerce and use electronic mail, EDI, file transfer, fax, video conferencing, workflow, or interaction with a remote computer. Electronic commerce also includes buying and selling over the Web, electronic funds transfer, smart cards, digital cash (e.g.

Illogical distinctions. The use of distinguishing to avoid past decisions can lead to ‘hair-splitting’ resulting in some areas of the law becoming very complex. From 1898 to 1966 the House of Lords was completely bound by its own past decisions unless the decision had been made per incuriam, that is, in

Electronic commerce has been there for a long time now, and it is a practice that is practiced by peoples from Germany, France, and the US on a daily basis. Since its inception around 40 years ago, e-commerce has continued to grow as innovations, technologies and a lot of business reverting to the use of the e-commerce. The aspect of buying and selling of goods in the early 1960s was sluggish with the traditional way of mailing of documents being replaced with the Electronic Data Interchange (EDI), which would later pave a way to the electronic commerce. After the e-commerce, however, the practice was not more reliable as it still had many challenges (Tsolis, 2009). For instance, it was not easy for buyers to see products from the comfort of their homes and more so, the methods of accessing the information were limited.

The continuous development of Internet leads to the growth of e-commerce. The electronic commerce is growing constantly due to the continuously increasing number of mobile and online users in the market, primarily the emerging markets. Besides that, the development of the Information Technology (IT), such as the advance of paying processes and the improvements of shipping method also the main reason to cause the growth of electronic commerce (John Ingham, 2015). Most consumers accept e-commerce as their feasible alternative in the purchase of goods and

In Li CJ’s judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the “rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. The great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions.” In this essay, this statement would be discussed with reference to the role of the courts and their relationship to the legislature.

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Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.