Topic 3: Contract Law *What is a contract? a legally enforceable agreement; that is‚ an agreement enforceable in a court *Types of contracts Number of parties: * Unilateral – one party (eg reward case) * Bilateral – two parties‚ both with mutual obligations * Multilateral – more than two parties‚ all with obligat0ions Form: * Simple Contracts: written; oral; part-written & part-oral * Need all elements of a contract ‚ including consideration * If all elements
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IMPROVING AUSTRALIA’S LAW AND JUSTICE FRAMEWORK A discussion paper to explore the scope for reforming Australian contract law 2012 © Commonwealth of Australia 2012 All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia (http://creativecommons.org/licenses/by/3.0/au/deed.en) licence. For the avoidance of doubt‚ this means this licence only applies to material as set out in this document.
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References: James‚ N 2010‚ Business Law‚ John Wiley and Sons‚ Milton Qld. Legislation Civil Liability Act 2002 (tas) Legal Authorities Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 Neindorf v Junkovic (2005) 222 ALR McHale v Watson (1966) 115 CLR 199 Kondis v State Transport Authority (1984) 154 CLR 672 Ragnelli v David
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QUESTION Running late for his exciting evening law class‚ Sam desperately seeks out a car park in the CBD of Melbourne‚ state of Victoria Australia. He spots the car park operated by Citipark Ltd. Sam drives up a ramp which has raised concrete barriers on either side. As it is rush hour‚ there are a few cars in front of him and soon some more line up behind him. Sam stopped his car at the barrier entrance of the car park which had a mechanical arm preventing cars moving into the parking
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2007 Australian Business Law Australian Business Law 2007 _____________________________________________________________________________________ 26th Edition Paul Latimer South-East Asian Examples updated by Sam Hastings (originally prepared by Jane Hammond) © 2007 CCH Australia Limited 1 2007 Australian Business Law HOW TO USE These materials are designed for use with 2007 Australian Business Law 26th edition by Paul Latimer. They provide a comparative analysis of the Australian
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The Australian Consumer Law is the main law that protects the rights and interests of consumers and provides remedies for consumers in case of breach of the Australian Consumer Law. The text of the Australian Consumer law consists of : * Chapter 1 — Introduction: a single set of definitions and interpretive provisions about consumer law concepts. * Chapter 2 — General protections: general protections‚ which create standards of business conduct in the market. Specifically‚ Chapter 2
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Introduction There was a major change for Australian Consumer Law. Within this paper‚ the differences on the old and the new system will be discussed further. Australian Consumer Law is a single national law‚ which is‚ applies in all jurisdictions‚ to all business and to all industry sectors. The ACL also represents a new approach to considering consumer policy issues‚ with the Australian Government and the States and Territories working closely together to consider develop and implement changes
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Australian Constitutional Law Question One In order to determine whether Y and Z are subject to the proposed law‚ the activities of the milling business must be examined and a connection to s51(i) of the Commonwealth of Australia Constitution Act1 (hereafter referred to as the Common wealth) must be established. Also to be considered is the purpose of the legislation‚ or whether purpose is necessary to the power at all. One limitation to s51(i) to be addressed is the geographical distinction
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Non-residents: * Section 6-5(3) ITAA97 states that assessable income includes ordinary income derived directly/indirectly from all Australian sources during income year * Section 6-10(5) ITAA97 states that assessable income includes statutory income from all Australian sources. Definition of resident: Section 995-1 ITAA97 provides that an Australian resident means a person who is a resident of Australia for purposes of ITAA1936. Section 6(1) ITAA1936 contains tests of residency for
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AUSTRALIAN CORPORATIONS LAW Question 1 I THE PROCEDURE BY WHICH A COMPANY CAN BE FORMED The formation of a company‚ known as incorporation‚ is achieved ‘by a process of registration controlled by the Australian Securities and Investments Commission.’ A Pre-registration Requirements The pre-registration requirements are: • The selection of the classification and type of company • The selection of a company name‚ this is optional • Completion of the application of registration using
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