Law for Business Objectives Group

Discuss about the Law for Business Objectives Group.

Advice to Harry Regarding His Right

According to the Partnership Act 1891, the partnership is defined as the relation that exists among a group of individuals for conducting a business in order to attain common objectives. Taking reference from the stated definition, it is observed that all the four members are equally liable for the losses and the profits. The section 7(1) of the Partnership Act also suggests that the partners can use credit for any purpose with the consent of all the other partners involved in the agreement. Therefore, it is stated that each member involved in the business will have equal contribution for controlling the business. Concerning the case study, it is observed that Obama and Tania both have formed a musical band named ‘Adelaide Jammers’. According to their agreement, neither of the partners could spend more than $1000 without the consent of each other.

Tania being aware about the conditions among the partner repeats the similar incident by purchasing an Italian Piano for $10,000, where she received saxophone of worth $1,500. Obama was still unknown about the transaction she made with Harry, unless he received the bill. In this regard, the section 36 of the Partnership Act 1891can be elaborated, which depicts that the partnership can be dissolved due to the insolvency of other partners. The Section 12(1) of the act also suggests that all the partners involved are liable for the debts and obligations among the partners. Thus, based on the understanding obtained on the situation, it is suggested to Harry in recovering the amount that he can allot certain period to the partners for paying $2000 along with the interest rate. Therefore, the partners will have time to recover the debts in which they can perform in other programs to collect the amount as well as the conflicts raised among them might also be mitigated as well. On the other hand, concerning the amount of amplification instrument purchased by Tania without the consent of Obama, the partners can return the instrument, as paying $10,000 would not be suitable for the band.

Advice to the Band Members

In the provided case study, it is apparent that Obama has made an accident with the French tourists, wherein they have seriously injured and were not insured in the Australia. Thus, it is assumed that they have to pay all the expanses for the accident and the band members must be liable for such incident. On the other hand, Obama has decided to leave the band after the accident and due to violation of the agreement by Tania.

According to Section 27(1) of the Partnership Act 1891, all the partners will have equal contributions for the profit or loss incurred by the partners. Thus, for this accident not only Obama, but also all the other partners involved in the band are liable to pay to the tourists. . In addition to this, the Section 13(1) also provides similar perspective by affirming that all the members would be liable for any kind of illegal act, losses or any kind of injuries caused by any of the member in the firm. Hence, Obama was the driver, but he alone cannot be liable for the wrongful act, as per the Partnership Act 1891, as considering the above sections, it can be assumed that all the members of the band are equally liable for the injuries sustained in the accident.

Thus, it is worth mentioning that the French tourists can even lawsuit against the band members for the accident, as they are liable according the act. In this regard, it is suggested to the partners that to prevent the victim from filing the lawsuit in the court, they can provide they high quality of medical services as well as accumulate all the evidences for the treatments rendered to the victim. The partners will need to seek the expert advice and consult among the partners to attain the appropriate solutions. This may help the partners to prevent themselves from the legal actions implemented by the court with a huge penalty. The partners will also need to file a legal complaint, which in turn, will be helpful to them in future. This action can help them to avoid any legal lawsuit as well as the lawyer or the attorney can also defend them from any kind of verdicts. Therefore, the dissolution of the partnership can be appropriate only after settling all the related legal issues.

Bibliography

Cassidy, J 2006, Concise Corporations law. Federation Press, Australia.

Christensen, S, A, William, D, D 2009, Sale of businesses in Australia. Federation Press, Australia.

GSA, 2012, ‘Partnership Act 1891’, South Australia, pp. 1-57.

Martindale & Nolo, 2015, Your car accident injury claim: Settle or sue in court? Legal Information, viewed 6 September 2016, .

Martindale & Nolo, 2015, Does the jury affect your accident or injury settlement? Personal Jury, viewed 6 September 2016, .

Martindale & Nolo, 2015, When you and your lawyer file a personal injury lawsuit. Legal Information, viewed 6 September 2016, .

The thought of pending dissertations won't haunt you any longer as MyAssignmentHelp.co.uk has come to the rescue with their proficient dissertation writing services. There are various dissertation writing help to choose from according to your requirements at an affordable price which is quite cheaper than the industry standard. Thousands of students have benefitted by obtaining our valuable dissertation help and so can you.