W1. Intro to Law

Business and the Law

  • Business law covers regulations and rules governing businesses and their operations.

Learning Objectives

  • Understanding the relationship between law and business

  • Defining what ‘law’ means

  • Importance of law

  • Regulation aspects of law

  • Dynamics of law changes

  • Differences between criminal and civil law

Perception of Law

  • Law influences personal life, business activities, media, and culture.

  • Law regulates various aspects of life, showing its pervasive nature.

Definition of Law

  • Law is a set of rules established by the Government via Parliament and enforced by authorities.

  • Can also be created and enforced by courts.

Business Law

  • Business law consists of rules aimed at regulating businesses.

  • These rules are formed by Government actions and are enforceable by authorities such as the Australian Competition and Consumer Commission.

Purpose of Law

  • Resolves disputes, maintains social order, and upholds community values.

  • Protects disadvantaged individuals and stabilizes the economy.

  • Prevents misuse of power by individuals or institutions.

Categories of Law

Criminal Law

  • Aims of Criminal Law:

    • Protect individuals and society

    • Encourage community standards

  • Some criminal laws specifically apply to businesses (e.g., company regulations).

Criminal Law Context

  • Involves prosecution vs. accused (Government against individual).

  • Accused is only convicted if proven guilty beyond a reasonable doubt.

  • The prosecution carries the burden of proof.

Adversary System - Criminal Law

  • Parties: Prosecution vs. Accused.

  • Involves legal representatives (solicitors for advice; barristers for court defense).

  • Judge maintains order and instructs the jury; decides on sentencing if guilty.

  • Jury involved in serious criminal cases where the accused pleads not guilty (12 members).

Case Study: R v Dudley and Stephens (1884)

  • Circumstances: Four sailors stranded, one boy ill is killed by adults for survival.

  • Legal Issue: Justification of killing vs. guilt for murder committed.

  • Task for students: Prepare arguments for prosecution and defense.

Further Distinctions in Criminal Law

  • Indictable Offences: Serious crimes (e.g. murder) tried in higher state courts with severe penalties.

  • Summary Offences: Less serious crimes (e.g. speeding) heard in lower state courts, potentially leading to fines or community service.

Civil Law

  • Definition: Defines private rights and duties, focusing on resolving disputes between individuals.

  • Provides a mechanism for compensation when rights are infringed.

Civil Law Context

  • Involves plaintiff suing a defendant (can be individual or corporate).

  • Burden of proof is on the plaintiff; standard of proof is on the balance of probabilities.

Adversary System - Civil Law

  • Legal representation is similar; judge decides on liability and compensation.

  • Majority jury decision if a jury is involved.

Case Study: Donoghue v Stevenson (1932)

  • Scenario: Mrs. Donoghue finds a dead snail in her drink and falls ill; she claims compensation from ginger beer manufacturer.

  • Task for students: Prepare arguments for both plaintiff and defense.

Conclusion: Civil Liability

  • Examples of who can be sued include:

    • Spouse for forgetting an anniversary

    • Lawyer for misinformation leading to losses

    • Pedestrian injured due to negligence

    • Teacher neglecting to stop student fights leading to injury.