BUS301 ESSAY TOPICS
INDIVIDUAL ASSIGNMENT 2 (20%)
Please choose one of the following topics:
1. Describe the role and function of the High Court of Australia and compare with that
of the Supreme Court of Vietnam.
2. Explain the role of equity in the common law legal system. Is equity a source of law
in Vietnam? Fully discuss.
3. The doctrine of precedent underlies the common law legal system. Explain the
doctrine and its significance.
4. The Constitution of Australia divides the power to legislate between the states and
the Commonwealth. Explain this division and the relationship between a law of the
Commonwealth and a law of a State.
5. In Australia, if a party to a court decision is unhappy with the final outcome of their
case, can this decision be challenged? Explain how a decision can be appealed
through the court hierarchy. Would your answer be different if that happens in
Vietnam?
6. What is meant by "terra nullius"? Explain the relevance of terra nullius to the
Australian legal system, before and after Mabo’s case in 1992.
7. Describe the sources of law in Australia and that in Vietnam.
8. In the Australian constitutional system of government there are three main
branches. Describe each branch, its role and responsibilities.
9. Explain the essential elements for a valid contract under Australia law and compare
and contrast with that under Vietnamese law
10. How to determine whether the parties to an agreement intend to create a legal
relation under Australian law? Is the concept of “intention to create a legal relation”
available under Vietnamese law?
11. What does “consideration” mean under Australian law? Explain with examples the
rules relating to “consideration” as an essential element of a valid contract and the
situations in which consideration is not valid.
12. Discuss the similarities and differences between Australian law and Vietnamese law
with respect to the contractual capacity of a minor.
13. Compare and contrast different types of contractual remedies under Australian law.
Giving examples.
14. Compare and contrast different types of business structures under Australian law.
Giving examples.
15. Compare and contrast different types of business structures under Vietnamese law.
Giving examples.
16. The business entities of partnership and corporations differ in many fundamental
aspects. Describe the differences in formation requirements, legal personhood,
registration, property and asset ownership, and liability of members under
Vietnamese law.
17. Explain what does piercing the corporate veil, or alter ego doctrine under Australian
law mean? Are there similar concepts under Vietnamese law? Discuss fully
18. What are the characteristics of a corporation/company? Which characteristics make
a corporation/company different from an unincorporated body?
19. How can a company raise capital? What are the differences between equity and loan
capital? What way of raising capital that you prefer if your company is in need of
capital? Explain why?
20. What does the term “corporate governance” mean? Discuss the differences between
the function of shareholders and that of directors in managing the affairs of a public
company under Australian law.
21. Compare and contrast the duties of directors under Australian law and that of
corporate managers under Vietnamese law.
22. Compare and contrast the elements of a recognized tort under Australian law and
that under Vietnamese law.
23. Discuss with examples the difference among tort law, contract law and criminal law.
24. Explain the main difference between intentional tort and the tort of negligence
under Australian law and Vietnamese law.
25. Discuss different types of intentional torts against persons under Australian law and
Vietnamese law.
26. Discuss different types of intentional torts against property under Australian law
and Vietnamese law.
27. List and explain the elements necessary to prove negligence under Australian law
and Vietnamese law.
28. Describe and distinguish among the several legal theories of product liability under
Australian law and Vietnamese law.
29. How is an agency relationship created? Discuss with example the nature and scope
of Agent’s authority under Australian law and Vietnamese law.
30. Discuss with example duties of an agent under Australian law and Vietnamese law.
31. Contract Law as a Binding Obligation: Compare how contract law creates binding
legal obligations in Vietnam and Australia, and how this influences business
practices.
32. Comparison of Verbal and Non-Verbal Contracts: How verbal and non-verbal
agreements are treated in Vietnam and Australia, focusing on the legal importance
each type of contract has in both countries.
33. Functions of Business Law: Explore the specific functions of business laws in
Vietnam and Australia, including how these laws regulate businesses and protect
stakeholders.
34. Current Challenges in Contract Law: Identify the most pressing issues facing contract
law in Vietnam and Australia, such as technological changes, enforcement issues, and
modernization of laws.
35. Illusory Promises and Contract Law: how illusory promises are treated in
Vietnamese and Australian contract law, and the consequences of such promises in
legal agreements.
36. Discuss liability in the Corporate Principal – Agent relationship in the context of
Australian Law.
37. Examine the fiduciary duties of an agent towards their principal under Australian
law. Discuss the remedies available when these duties are breached.
38. Analyze the directors’ duties under the Corporations Act 2001 (Cth). How do these
duties promote good corporate governance in Australia?
39. Analyze the role and significance of corporate constitutions in Australian law. How
does a corporate constitution govern internal company operations?
40. Compare and contrast the rights and responsibilities of shareholders in a public
company versus a proprietary company under Australian law.