According to the Australian Constitution‚ the power to make laws vested in the parliament ‚ whilst the power to interpret laws and to judge whether they apply in individual cases‚ vested in the High Court and other federal courts. In fact‚ one of the major function of the high court is to interpret the Constitution. For instance‚ the High Court of Australia may rule a law to be unconstitutional‚ that is beyond the power of parliament to make‚ and therefore of no effect. Such a circumstance would
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COMMERCIAL LAW IA COMLAW 270/ 30411 COMMERCIAL LAW IA COMLAW 270/ 30411 COPYRIGHT: CACC COMMERCIAL LAW SYLLABUS This course consists of 9 study units SECTION 1: INTRODUCTION AND GENERAL PRINCIPLES Study Unit 1 Introduction to the course‚ the study of the
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Chapter III Commercial Law I. General Definitions a. Commercial Law→ It designates the whole body of laws & regulations applicable to relations between persons engaged in commerce‚ business or commercial professions. b. Commerce→ The word “Commerce” means the exchange of goods‚ products or property of any kind. It includes: sale‚ purchase‚ exchange of merchandises. c. Internal and International Commerce→ Internal: it is the commerce carried on between individuals or corporations within the same
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that payment to make after 30 days of the delivery. In a commercial contract‚ the time of delivery is normally of the essence. If‚ the date is stipulated and if the buyer fails to give the payment that is a breach of condition. Therefore‚ the seller is entitled to repudiate the contract and sue for payment. In Hartley v Haymans [ 1902] 3 K. B. 475 the court was held that the time of delivery is a prima facie of the essence in commercial law. In Charles Rickards Ltd v Oenheim [ 1950] 1 K. B. 616
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A tort is a civil wrong that is outside of contract law and arises out of recognition that a person is responsible for their acts and omissions when dealing with others. The term ’tort’ refers to a number of different laws such as: • nuisance‚ • trespass and • assault Torts generally compensate the individual for personal loss or attacks on reputation‚ where the loss was caused by another person. Tort has as its basis common law. Negligence is now the dominant tort and the focus
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Commercial Law Term Paper (Case Analysis) Pro-Gordon C. Johnson June 18‚ 2013 9th Edition Chapter 5-Case 5 Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground‚ and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However‚ one six years old boy climb onto the flat roof of
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LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
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INDIAN CONTRACT ACT 1. S. 124 - Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff‚ at the request of the defendant‚ executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee‚ along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract
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COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS QUESTION 1 Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd‚ had acid in it‚ which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses. Advise Pete whether he has a claim against the manufacturer
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made‚ which is not the fault of either of the parties‚ which renders the contract either impossible to perform or deprives the contract of its commercial purpose. Where a contract is found to be frustrated‚ each party is discharged from future obligations under the contract and neither party may sue for breach. The allocation of loss is decided by the Law Reform (Frustrated Contracts) Act 1943. Examples of frustrating events Destruction of the subject matter: Taylor v Caldwell 3 B &
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