Tag: Australian Law

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Rickards v Lothian - 1913
14th Oct 2019
Introduction: The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the......

A Tort of Breach of Privacy
20th Aug 2019
Introduction: This paper argues that a tort of breach of privacy should be established in Australian law as the current statutory and common laws are ......

Principle of Corporations Law
20th Aug 2019
Introduction: A fundamental principle of corporation’s law is that a corporation is a separate legal person who is liable for its own actions. This principle suggests that a corporation should take responsibility...

Legal Advice on Mobile Phone Contracts
20th Aug 2019
Introduction: Facts I have been asked to advise Terry, a 17 Year Old boy who wanted a mobile phone. After selecting the carrier ‘Cheap to Talk’ and ......

Harding v Wealands
20th Aug 2019
Introduction: This question proceeds on the assumption that I have been instructed by the defendant in Harding v Wealands[1]....

Did Parties Intend to Be Legally Bound
20th Aug 2019
Introduction: To establish a contract we need to identify an agreement; offer-acceptance, intention to be bound and an exchange of consideration. For Robbie to ......

Details of Payment as Penalty for Delay
20th Aug 2019
Introduction: Abstract The Western Australian Supreme Court of Appeal was called upon to decide on a provision of NIL DOLLARS liquidated damage in a ......

Australian Common Law
20th Aug 2019
Introduction: Australian Common Law. The law seeks to protect consumers in many ways. In addition to giving them civil law rights in tort and contract, it also regulates the conduct of business to ensure that consumers are not taken advantage of. But because of today's continuous increasing number of businesses....

Damages for Delay in Project Completion
20th Aug 2019
Introduction: Abstract The Western Australian Supreme Court of Appeal was called upon to decide on a provision of NIL DOLLARS liquidated damage in a contract ......

Analysing the Australian Health Care System
20th Aug 2019
Introduction: Introduction The National Health and Hospital Reform Commission report for Australia is based on three important tenets that in a nut shell summari......

Defination of Merchantable Quality
19th Aug 2019
Introduction: According to the Probert Encyclopedia of Money, the ‘merchantable quality’ term refers to an implied condition regards about the state ......

Unascertained and Specific Goods Cases
19th Aug 2019
Introduction: According to law.jrank.org, the definition for unascertained goods is the goods that are not specifically identified at the time a contract ......

Implied Term in the Employment Contract
16th Aug 2019
Introduction: The purpose of this paper is to explain whether there is an implied term in the employment contract that the employer owns the inventions of an......

Case of Giller vs Procopets Australian Tort Law
16th Aug 2019
Introduction: The case of Giller versus Procopets tries to look into the Australian law of Torts and how the Australian legal system is mechanized to deal with various torts an example being the intentional infliction......

Duress and Force in Contract Law
16th Aug 2019
Introduction: Contract law elucidates the obligations of parties involved in the contract process. Contract law in Australia involves two branches of ......

Negligence and Duty of Care in Sports
16th Aug 2019
Introduction: Our case is about Frank, a football lover who frequently attended games in the local stadium. On one occasion the soccer ball was kicked into the ......

Penfold v Westcote
15th Aug 2019
Introduction: The defendant said the following about the claimant: “Why don’t you come out you blackguard rascal, scoundral, Penfold, you are a thief”....

CASE STUDY 3 Problem 1
14th Aug 2019
Introduction: Last Christmas Mark received a board game as a present. Mark has no interest in such a game and since he owes his cousin Mandy $1000, Mark asks......

Whether Mario has a Contract
14th Aug 2019
Introduction: With reference to case law, analyze each communication between Mario and Lee and explain whether Mario has a contract with Wood Ovens Pty ......

To Act on Companys Behalf Entering Contract
14th Aug 2019
Introduction: Corporations Act s 124 states that once a company is registered, it is granted the legal capacity and powers of an individual, which includes ......