Law Make Decisions Within Legal Context

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Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act, 2002, the legislation states that it is compulsory to register a business name where a person, including a company, wishes to use a name other than their own.

2. To register a business name, the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales, it is called the Office of Fair Trading.

3. There are certain requirements to the display and use of a business name. The business name must be displayed at each place where the business is carried on under the business name. The owner of the business name must notify the
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This means that the payee, or the endorsee, cannot cash the cheque but must pay it into his or her own account with a financial institution. That institution, called the ‘collecting institution’, must then collect it from the drawee institution.

* Two parallel transverse lines across the face of the cheque with the words ‘not negotiable’ between the lines
Where a cheque bears not only two parallel transverse lines but also the words ‘not negotiable’ between them, the cheque can still be transferred but it cannot be ‘negotiated’. This means that the transferee does not receive and is not capable of giving a better title to the cheque than the transferor had. The effect of crossing a cheque ‘not negotiable’ is to warn the transferee that their title is subject to prior defects in title. The Nemo dat rule is reimposed.

Question 3: 1. The term ‘title’ refers to a person’s rights to ownership of property. When we say a person has title to land, we mean that they ‘own’ it. The main system of land title in Australia, including New South Wales, is Torrens title. This form of title replaced the old system title, inherited from England under the doctrine of reception.

The Torrens title is a system of title based on registration. This means

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