Law and Ethics for Managers (21644) Subject Notes

Description

Full semester of subject notes. Topics: INTRODUCTION TO LAW AND ETHICS - Responsible business - Tourism - Event management - Sports law - Law and create enterprise - The rule of law SOURCES OF LAW - CASE LAW AND THE COURTS - The common law or case law - Development of laws by courts - Equity as a source of law - Hierarchy of courts - Alternative dispute resolution - Categories of law - Case law - Court Hierarchy - Which court? - Law in action - court cases - Luxury migration tour of Africa - Lester-Travers v City of Frankston (1970) VR 2 - Sports tribunals - Natural justice/procedural fairness - NRL judiciary - National sports tribunal SOURCES OF LAW - LEGISLATION - The nature of functions of law - Business and the law - Sources of law - Law-making by parliaments - Subordinate or delegated legislation - Australian constitution - WHS - Duties of innkeepers - Process CONTRACTS - Key principles - Contractual disputes - Contracts for managers - Contract law - Types of contracts - Contract formation - Enforceability - Contract terms - Discharge of contract - Remedies BUSINESS STRUCTURES AND GOVERNANCE - Factors - Sole trader - Partnership - Associations - Companies - Trusts - Business name legislation TORTS - NEGLIGENCE - Types of tort actions - General principles of tortious liability - An absence of care - Remedies - Heads of damage - Occupier's liability - Flow chart of negligence - Difficult duty questions - What elements need to be established for a breach? RISK MANAGEMENT - Areas of risk management - Risk management and the law - Tort law - Occupier's liability - Negligent misstatement - Nuisance - Risk minimisation - Insurance - Contracts as risk management CONSUMER LAW - Changes introduced by the ACL - Unfair practices and the ACL - Misrepresentation - Conduct specifically prohibited by the ACL - Changes to implied conditions and warranties - Manufacturer's liability - Enforcement and remedies for the breaches of the ACL - Defences to breaches of the ACL - The Australian Competition and Consumer Commission - What is the role of small claims tribunals? - The role of consumer protection agencies - Passing off INTELLECTUAL PROPERTY LAW - Business names - Copyright - Development in copyright law - Designs - Trademarks - Patents - The tort of passing off - Action for breach of confidential information SOFT LAW, CODES AND ETHICS - Soft law - Ethics - Codes of ethics - Ethical issues in business - Ethical aspects of general commercial law principles - Benefits of business ethics - Corporate sustainability - International standards - Corporate ethics codes - Industry codes - Regulatory responses - Socially responsible investing - Industry code in tourism - Code of ethics in sport - Ethics and events/create enterprise - Netball Australia annual report - Intrepid travel - Indigenous cultural protocols - BHP code of conduct