Independent Contractors Employees Retrieve

Independent Contractors Employees Retrieve

Free Samples

Independent Contractors Employees Retrieve

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Independent Contractors Employees Retrieve

0 Download9 Pages / 2,229 Words


Discuss About The Independent Contractors Employees Retrieve?


The contract law of Australia has been adopted from the corresponding law of England with some modifications and developments. Under the Australia contract law the essential ingredients to form a valid contract enforceable in the courts of law are identical to those which are basically required in other accounting. The essentials required to form a contract are as follows:
Agreement is the first requirement to form a legally binding contract. An agreement is formed when an offer or a proposal is made by one person by expressing his willingness to another to do or not to do a certain act with an intention and in order to get an acceptance from that other person to whom such an offer is made. The person making the offer is called an offeror while the person to whom the offer is made is called an offeree. When the offeree accepts to act according to the willingness of the offeror, an agreement is said to have come into existence. Such an agreement may be for lawful or unlawful purpose (Treitel, 2003)
One of the most essential ingredient to form a legally binding contract is consideration. Consideration is anything which is given in lieu of the promise of act or omission. An management is incomplete without consideration having been attached to it. A lawful consideration shall be attached to an agreement to make it legally enforceable. A consideration may be anything which has monetary value (Treitel, 2003).
The term capacity means the capability of a person to enter into a contract. The law prohibits certain persons from entering into a contract for the reason that they are incapable of understanding the legal consequences of the contract. Under law a person who is of sound mind and has attained the age of majority as required under the law by which he is governed and has not been prohibited under any law from entering into a contract may become party to a legally binding contract (Treitel, 2003).
For the purpose of entering into a legally binding contract the most essential ingredient is an intention to enter into legal relations and to bind each other with the rights and obligations attached to the contract (Treitel, 2003).
The term certainty implies that the terms of the contract shall be certain and not ambiguous so as to make the contract void. An ambiguous contract will make the contract void (Treitel, 2003).
A contract, in order to be legally enforceable, is not required to be put into a written form. The essential requirements to make a contract legally binding are offer and acceptance, consideration, capacity of the parties, intention to enter into legal relations and certainty of the terms of the contract (Nolo, 2006). A contract can be made orally or in writing as per the desire of the parties to the contract. An exception to the rule is formal contracts (Bruce, 2014). Both the types of contract, i.e., oral and written contracts, are equally binding without any discrimination. Both the types of contract are equally enforceable in the courts of law. The oral contracts are a bit complex to get enforced for the reason that at the time of giving the evidences with regard to the oral contracts the parties to an oral contract may come into conflict with each other in the lack of written evidences of the terms of contract. This is the only disadvantage of making an oral contract. The parties at the time of producing the evidences and the court at the time of analyzing them may find vagueness in the terms of an oral contract. This is not the case with a written contract as the terms of the contract are in written form and there is minimum probability of any ambiguity to arise. Therefore it is a good idea to put a contract into a written form so as to avoid any kind of ambiguity or vagueness with regard to the terms of the contract and thereby to diminish the chances of conflicts which may arise between the parties at the time of enforcing the contract. Another reason for making a written contract is that the parties at times also forget the negotiations and terms of the contract due to the reason of a longer span of time between the making of the contract and its enforceability. This factor also induces parties to prefer a written contract instead of an oral one. In cases of day-to-day dealing of a business or any transfer of property, it is always preferable to make a written contract (Stock, 2013).
A formal contract is a contract which requires certain formalities to be fulfilled in order to make such contracts legally enforceable. Such contracts are required, by law, to be made in a formal style by following a certain manner of writing it. Therefore, a formal contract has to be essentially in a written form so as to make it legally binding. A formal contract will be valid only if it is formed in the manner required under the law. Further, in order to make such a contract valid, it does not require a consideration to be attached to it as an essential ingredient. The formal contracts may be enforceable within a period of twelve years from the date of its making (Lui, 2009). There are two types of formal contracts:

Contracts of record; and
Contracts under seal or contracts by deed.

The first category of formal contracts that is the contracts of record are those contracts which do not require the intention or consent of the parties in order to be enforceable by law. Intention is an important ingredient to make a valid contract enforceable in the courts of law but in case of a contract of record intention of the parties is not required for the reason that the existence of such contracts may be proved by producing a record of a court. The examples of a contract of record are judgments given by the courts upon conclusion of legal proceedings or a bond filled with the court for maintaining peace or good behavior or for appearing in the court as and when required (Lui, 2009).
The second category of formal contracts are the contracts under seal or contracts by deed. These category of contracts become enforceable and binding only if they have been made in the required format. Such contracts require signature and attestation by a witness who shall not be a party to the contract which he is attesting. The attestation of the contract by putting a seal upon it itself gives authentication to the document of the contract. As per law, a contract under seal is considered to be a good consideration for the purpose of contract. Some examples of a contract under seal or contract by deed are loan agreements or automobile leases(Lui, 2009).
Social or domestic arrangements do not have legal significances as the parties, at the time of making the contract, do not have intention to make each other bound by law and hence these agreements are not enforceable in the courts of law. But, here, in the instant case the parties had intention of making each other legally bound as there was involvement of money consideration. When each party contributed an amount to buy the lottery ticket with a common intention to win the prize and share it in proportion of their contribution. Therefore the parties are said to have an intention to make a legally binding contract and to bind themselves with the rights and obligations attached to the terms of the contract. The courts have also made similar observations in different cases. In a case where a person who made application to buy an entry coupon for himself and two of his friends and won the prize the high court laid down that the contract was a valid contract and therefore enforceable in the courts of law. The court held that the parties had intention to bind each other legally as they were contributing a sum to buy a coupon with an intention to win the prize. Therefore, the prize has been won by all of them and every partner has a right to share the prize in the proportion of the contribution made by them to buy the coupon (Trevey v Grubb, 1982). Also in another case the court held the same opinion with regard to the buying of lottery ticket. In this case the court held that although the two other persons were not making regular contribution to buy the lottery ticket they still had intention to bound themselves in a legal contract. Therefore they have right to share the winning prize in the proportion of the contributions made by them to buy the lottery ticket (Simkins v Pays, 1955).
As per the observations made by the courts in above cases can be applied in the instant case that a person who buys a lottery ticket from an amount where contribution has been made by other persons too then the former is liable to share the lottery prize that has been won with the other persons also. Such a contract is purely legal and enforceable as the parties contribute money in the form of consideration to win the prize. Therefore, the purchaser of the ticket is bound to share the lottery prize with his friends.
Under the law of torts, the principle of vicarious liability involves various kinds of relationships. One among such relationship is that of a principal and agent. According to the rule of vicarious liability a principal is bound by the acts of his agent as the agent works under his complete control. It is important here to distinguish the relationship of that of a principal and agent from that of an employer and an independent contractor.
In Australia, the rights of an independent contractor have been protected under the Independent Contractors Act of 2006 and Fair Work Act of 2009 (Legal Service Commission of South Australia. 2016). The legal significance of an independent contractor are different from that of an agent. Under law there are a number of differences in an agent and an independent contractor. An independent operations is a person who enters into contract for providing services to another person as distinguished from an agent who is in contract of service with his principal. The basic difference in the two types of contracts is that in a contract of service a person binds himself to another to provide services only to the latter like in case of that of a principal and agent (Ministry of Manpower, 2017). The agent works under the complete control of his employer or on his behalf. This makes the principal bound by the acts of his agent in cases of negligence committed by the latter. On the other hand, in a contract for service the independent contractor, as the name suggests, works independent from the control of his employer (Queensland Government, 2016). The former works on his own terms and conditions and is not bound by the words of the employer. The employer can only suggest what work he wants and not the method to do that work as is the case in that of a principal agent relationship. The employer is not vicariously liable for any damage to a third party resulting from the negligence of the independent contractor as the latter is working ‘for’ the former and not on his ‘behalf'(Australian Government, 2016). Further an agent can work only for one principal at a time while an independent contractor can make a number of contracts with different persons at the same time for and can provide services to them simultaneously. Also the agent is employed to do all the works on behalf of his principal while the independent contractor contracts to perform a single task for his employer (Australian Government. (n.d.)).
Reference List:
Australian Government. (n.d.). Independent contractrors and employees. Retrieved from: .
Australian Government. (2016). Laws affecting contracts. Retrieved from: .
Bruce, J. (2014). What is the Requirement of business Law Legality in a Contract?. MCNA. Retrieved from <>
Legal Service Commission of South Australia. (2016). Employees and independent contractors. Retrieved from: <>.
Lui, S. S. (2009). The roles of competence trust, formal contract, and time horizon in interorganizational learning. Organization Studies, 30(4), 333-353. Retrieved from:
Ministry of Manpower. (2017). Contract of service. Retrieved from:
Nolo. (2006). What Makes A Contract Valid?. Forbes. Retrieved from <>
Queensland Government. (2016). Step 4 contract of services versus contract for service. Retrieved from: .
Simkins v Pays (1955)1 WLR 975.
Stock, H. (2013). When Is A Contract Legally Binding?. Harold Stock & Co. Retrieved from < >
Trevey v Grubb (1982) 44 ALR 20.
Treitel, G. H. (2003). The law of contract. Sweet & Maxwell.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 9 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2018). Independent Contractors Employees Retrieve. Retrieved from

“Independent Contractors Employees Retrieve.” My Assignment Help, 2018,

My Assignment Help (2018) Independent Contractors Employees Retrieve [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Independent Contractors Employees Retrieve’ (My Assignment Help, 2018) accessed 19 December 2021.

My Assignment Help. Independent Contractors Employees Retrieve [Internet]. My Assignment Help. 2018 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



With time, has become one of the best college essay writing services. Our all rounded services give students the confidence to overcome assignment related issues. Our services are fast enough to meet most urgent deadlines. We are capable of delivering fast essay writing services with the help of our specially designed provisions and writers’ teams. Our urgent essay help services guarantee most rapid delivery of assignment solutions. Some of our most popular essay services are application essay help, exploratory essay help, literary review essay help and argumentative essay help.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Our Essay Writing Service Features

Qualified Writers
Looming deadline? Get your paper done in 6 hours or less. Message via chat and we'll get onto it.
We care about the privacy of our clients and will never share your personal information with any third parties or persons.
Free Turnitin Report
A plagiarism report from Turnitin can be attached to your order to ensure your paper's originality.
Safe Payments
The further the deadline or the more pages you order, the lower the price! Affordability is in our DNA.
No Hidden Charges
We offer the lowest prices per page in the industry, with an average of $7 per page
24/7/365 Support
You can contact us any time of day and night with any questions; we'll always be happy to help you out.
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$3.99 Outline
$21.99 Unlimited Revisions
Get all these features for $65.77 FREE
Do My Paper

Frequently Asked Questions About Our Essay Writing Service

Academic Paper Writing Service

Our essay writers will gladly help you with:

Business Plan
Presentation or Speech
Admission Essay
Case Study
Reflective Writing
Annotated Bibliography
Creative Writing
Term Paper
Article Review
Critical Thinking / Review
Research Paper
Thesis / Dissertation
Book / Movie Review
Book Reviews
Literature Review
Research Proposal
Editing and proofreading
Find Your Writer

Latest Feedback From Our Customers

Customer ID:  # 678224
Research Paper
Highly knowledgeable expert, reasonable price. Great at explaining hard concerts!
Writer: Raymond B.
Customer ID: # 619634
Essay (any type)
Helped me with bear and bull markets right before my exam! Fast teacher. Would work with Grace again.
Writer: Lilian G.
Customer ID: # 519731
Research Paper
If you are scanning reviews trying to find a great tutoring service, then scan no more. This service elite!
Writer: Grace P.
Customer ID: #499222
Essay (any type)
This writer is great, finished very fast and the essay was perfect. Writer goes out of her way to meet your assignment needs!
Writer: Amanda B.
Place an Order

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:

Powered by

× WhatsApp Us