Business Law assignment on The Doctrine of Seperation of Powers
• The Doctrine of the Separation of Powers is fundamental to the workings of modern democracy. In Australia however, the Doctrine is practiced in a blended form. EXPLAIN the Doctrine of Separation of Powers and its purpose within the democratic system of governance. DESCRIBE how it operates in the Australian system and DETAIL the legal basis upon which the Doctrine is founded. COMPARE AND CONTRAST the practice of the Doctrine in Australia with its practice in the United States of America and DISCUSS the strengths and weaknesses of the two approaches. (1,000 words – 30 marks)
• Simple bilateral contract formation commences with an Agreement between two people freely entered into on terms acceptable to both parties. DISCUSS how Agreement is formed between two parties to a simple contract and EXPLAIN the elements of Agreement. BRIEFLY DESCRIBE one or more reasons why an attempt to enter into an agreement can fail. (‘Consideration’ should not be discussed.) (400 words – 10 marks)
• Exclusion Clauses are commonplace in all forms of contract and can be essential to framing the intentions of the parties. DISCUSS the purpose for such clauses and DESCRIBE the circumstances where such terms might be found invalid. PROVIDE a case example where an exclusion clause has been considered by the Court and BRIEFLY EXPLAIN the outcome from the Court’s consideration. (400 words – 10 marks)
Total Word Limit: 1,800 words +/- 10%. Note that the emphasis should not be on length but rather on clarity and precision of thought and expression. An accurate Word Count must be included at the end of the paper.
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