Scientific Method Quiz - How Experiments Work

Exercise 3.4 Reverse Discrimination Or Legal Affirmative...

Exercise 3.4 - Reverse Discrimination or Legal Affirmative Action? FORM 3.4.1 1. What conditions are necessary in order for an organization to show preference for one group over another? As long as it is not sexual, racial or discrimination because of any disabilities which has no connection with the performance of the job, the organization can differentiate between different groups through job qualifications, skill sets education levels, interviews, , and many other conditions required by certain jobs. 2. Given the actual wording in section 703J of Title VII, which seems to explicitly prohibit preferential treatment, how can an organization show preference to women as in this case? Doesn t position B seem more compatible with Section 703J? The Title VII’s section 703J is very strict about preferential treatment not to be granted on account of existing number or percentage imbalance. So the organization cannot do anything to support themselves, if it does it will violate regardless of their intention and will be considered reverse discrimination. 3. To what extent did you take into consideration the great disparity in the number of male and female dispatchers? What if the 80% rule had been violated? Would you have a different opinion? It is true that there is a great disparity in the number of workers but it is legal if the number of females applying is low. It is illegal when equal number of apply and more males are choses based on the sex. However if more males areShow MoreRelatedThe Legal Environment: Equal Employment Opportunity and Safety6188 Words   |  25 PagesCHAPTER 3 The Legal Environment: Equal Employment Opportunity and Safety Chapter Summary The legal environment is one of the critical environmental factors that affects the management of people. 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Business and Corporation Law Sole Trader

Question: Discuss about the Business and Corporation Law for Sole Trader. Answer: Introduction: Steve has beenrunning a car hiring business as a sole trader. It has been quite a lot of time since the time the business has been in its operative conditions. In the first case, Steve's friend, Tom has to bear loss because of the fact that the cargo carried in truck as hired by him from Steve got collapsed during its journey to its respective destination. The truck was given to him at a charge of $200 per day and dude to the collapse; Tom had to bear a reductionof $5,000 in its profit every day.(Federal Register of Legislation, 2012) In the second scenario, Pamela has been watering, for a month, Steve's garden, in his absence to make sure that all the plants in the garden do not die. In order to have a return favor from Steve, Pamela had called up Steve in order to get a car; free of cost, as her own car was not in a movable condition for the vacation as she was going to take on the coming weekend. Steve had said that she will be getting the car, but due to some unforeseen situation, the car was given to some other customer, when Pamela had come to take the car, from Steve. In order to get the car, Pamela had decided that she would take the whole situation to court to make sure that the car she wished to have for the vacation is given to her under any situation.(Australian Catholic University, 2012)(Government, 2012) The third case involving Danny is almost a similar case where the desired car was not being given to him. Danny, wanting a Toyota Corolla, which he drove last week, was ready to pay $40 per day plus the charges of fuel. Steve, agreeing to provide the same was unaware of the fact that another customer destroyed the car, the previous day. Hence, when Danny came to receive the car, Steve could not supply it, as there was no availability of the respective car. In the fourth case, Steve had by mistakenly sent the signed contract by fax to Aircon Ltd. As he was willing to sign the contract between him and a supplier of microchips, he had to revoke the contract as sent by him to Aircon. This happened because of the fact that all these paper got mixed on his desk, and he being unaware which paper was being signed by him, agreed to all the terms and conditions as stated by Aircon Ltd. As his intention was not to do so, he informed Trisha, the owner of Aircon Ltd. to get the deal cancelled.(Government, 2012) Law The Australian Contract Act states for a fact that any agreement or deed, between two persons or companies, would not be considered legal, till the time legal enforceability has been executed on the same. The basic element of any contract is to make sure that it is legally bonded. Section 2 of the contract deals with the elements of each contract, which is to be executed by the parties involved. Following are certain elements, which should be apart of a contract at any given point of time: Firstly, thereshould an offer made by either of the parties, which should be profitable enough for all the parties concerned. Secondly, theoffer should be accepted and the information should be transmitted to the party making an offer. Thirdly, consideration should be given for the offer to the person or company making an offer. Fourthly, the parties should legally enforce the agreement or promise under the law.(FOS, 2014) Application As mentioned above, it is important to have a contract between the parties before any matter could be taken to the court.Inthe case of businesses too, contracts play a very important role in executing all their respective operations. Applying the rule in the first threecases,it should be said that there was no contract as such between Steve and other parties involved. In the first case, Steve is not responsible for the collapse of the suspension in the truck (because of which Tom had to bear a loss of $5,000 per day). It might be a mere accident or Tom did not tie the locks efficiently. In the secondscenario, Pamela, who has been watering his garden for his plants to grow for a month, didn't have any agreement or contract with Steve to do so. It was only because of the cordial relation they share, which had her do the work. There was not any obligation on Steve to give her the car, as there was no contract between them. In the third scenario, Danny when went to take the car, he was i nformed that car was destroyed on the previous day by some other customer and hence the same could not be provided to him on the stipulated date.(Government, 2013) In the fourth and final case, the contract was signed Steve by accident and hence he wanted to revoke the same and informed Aircon Pty Ltd. As the contract was signed between both the parties, Aircon Ltd did not have any intention to actually breach the contract. Hence, for this reason, Steve had to take the case to the court to get the contract revoked.(Government, 2014) Conclusion In the cases as mentioned above, it can be said that the contract act does play a very critical role in the various businesses. As in the fourth case, the contract had to be revoked. Hence, the provisions in the contract act had played an important role for Steve. Apart from this, in the other cases, it was important for whole scenario to be qualified as a contract. There was no specific contract between any of the parties and hence no legal action can be taken against Steve and his business. (LawNotes, 2011) References Federal Register of Legislation. (2012). Insurance contracts act 1984. Retrieved August 23, 2016, from www.legislation.gov.au: https://www.legislation.gov.au/Details/C2004C00163 Australian Catholic University. (2012). Contract Law. Retrieved August 23, 2016, from libguides.acu.edu.au: https://libguides.acu.edu.au/c.php?g=234001p=1553409 Government. (2012). Western Australian Current Acts. Retrieved August 23 2016, from www.austlii.edu.au: https://www.austlii.edu.au/au/legis/wa/consol_act/cca2004284/ Government. (2012). Legislation. Retrieved August 23, 2016, from www.australiancontractlaw.com: https://www.australiancontractlaw.com/legislation.html FOS. (2014). Changes to the Insurance Contracts Act. Retrieved August 23, 2016, from www.fos.org.au: https://www.fos.org.au/the-circular-15-home/fos-news/changes-to-the-insurance-contracts-act/ Government. (2014). Frustrated Contracts Act 1988 . Retrieved August 23, 2016, from www.legislation.sa.gov.au: https://www.legislation.sa.gov.au/LZ/C/A/FRUSTRATED%20CONTRACTS%20ACT%201988/CURRENT/1988.11.UN.PDF Government. (2013). australian contract law. Retrieved August 23, 2016, from https://austcontractlaw.wordpress.com/: https://austcontractlaw.wordpress.com/ LawNotes. (2011). Contract Law. Retrieved August 23, 2016, from www.lawnotes.in: https://www.lawnotes.in/Contract_Law