BusinessLawNotes
Business Law
Lecture 1:
Separation of powers:
Sources of Law:
Common Law judge made law / case law
Statutory Law Parliament
Parliament: Government Parliament
Bi-cameral < State Parliament
Government Parliament
Upper = Senate
Lower = House of Reps
State Parliament
Upper = Legislative Council
Lower = Legislative Assembly
Interpretation Of Law:
1. Literal approach (gives literal interpretation to statute’s words)
2. Golden Rule (avoids interpretations that cause absurdities)
3. Purposive approach (overcomes ambiguity by interpreting to promote statute’s purpose)
Common Law:
Judge made laws, and were then applied by judges in later cases involving similar facts using the doctrine of precedence Decisions of a higher court binds a lower court in the same hierarchy, it may be in most cases be overridden by legislation
Precedence
—What binds the lower court?
Only the reasons given for deciding the earlier case. This is called the ratio decidendi.
What is not binding on lower court?
Statements made which are not strictly necessary for the decision: ie, comments or statements made ‘by the way’. This is called obiter dictum (obiter dicta if plural).
Obiter Dictum, supporting facts for the main reason
Types Of Laws:
-Private
—Involves disputes between citizens contract, tort, family, property, wills
-Public
—Involves disputes between citizens and state crime, administrative, constitutional, tax, industrial
Lecture 2 Torts:
Tort Common Law
2 Areas:
- Product Liability (part 3-5)
- Negligent misstatements (S 18)
2.7 Manufacturers to consumers
Donoghue v Stevenson, Levi v Colgate-Palmolive
2.9 Manufacturers to distributors of products
McPherson Ltd v Eaton
2.10 Service providers
Stennett v Hancock & Peters Commercial
2.11 Property owners
Australian Safeway Stores Pty Ltd v Zaluzna
2.12 Road users
March v Stramare Pty Ltd
2.13 Failing to act
Modbury Triangle Shopping Centre Pty Ltd v Anzil
Club Italia (Geelong)
Lecture 1:
Separation of powers:
Sources of Law:
Common Law judge made law / case law
Statutory Law Parliament
Parliament: Government Parliament
Bi-cameral < State Parliament
Government Parliament
Upper = Senate
Lower = House of Reps
State Parliament
Upper = Legislative Council
Lower = Legislative Assembly
Interpretation Of Law:
1. Literal approach (gives literal interpretation to statute’s words)
2. Golden Rule (avoids interpretations that cause absurdities)
3. Purposive approach (overcomes ambiguity by interpreting to promote statute’s purpose)
Common Law:
Judge made laws, and were then applied by judges in later cases involving similar facts using the doctrine of precedence Decisions of a higher court binds a lower court in the same hierarchy, it may be in most cases be overridden by legislation
Precedence
—What binds the lower court?
Only the reasons given for deciding the earlier case. This is called the ratio decidendi.
What is not binding on lower court?
Statements made which are not strictly necessary for the decision: ie, comments or statements made ‘by the way’. This is called obiter dictum (obiter dicta if plural).
Obiter Dictum, supporting facts for the main reason
Types Of Laws:
-Private
—Involves disputes between citizens contract, tort, family, property, wills
-Public
—Involves disputes between citizens and state crime, administrative, constitutional, tax, industrial
Lecture 2 Torts:
Tort Common Law
2 Areas:
- Product Liability (part 3-5)
- Negligent misstatements (S 18)
2.7 Manufacturers to consumers
Donoghue v Stevenson, Levi v Colgate-Palmolive
2.9 Manufacturers to distributors of products
McPherson Ltd v Eaton
2.10 Service providers
Stennett v Hancock & Peters Commercial
2.11 Property owners
Australian Safeway Stores Pty Ltd v Zaluzna
2.12 Road users
March v Stramare Pty Ltd
2.13 Failing to act
Modbury Triangle Shopping Centre Pty Ltd v Anzil
Club Italia (Geelong)