Articles tagged as Australian Law

This selection of academic papers covers the legal system of Australia and contains, essays, dissertations and case summaries which may be of interest to Australian law students or those studying Australian laws from outside Australia.

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Australian Law

Latest Law Papers tagged as Australian Law

Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.

Tort of Negligent Misstatement
Contract Law
Introduction: The tort of negligent misstatement is defined as an “inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge”.... Last modified: 24th Sep 2021

Pre Incorporation Contract
Contract Law
Introduction: A pre-incorporation contract refers to a contract where one party of the contract is a company that is yet to be incorporated.... Last modified: 22nd Sep 2021

Unascertained Goods and Specific Goods Cases
Contract Law
Introduction: Unascertained goods are goods not specifically identified at the time a contract of sale is made. Specific goods are goods specifically identified at the time a contract of sale is made.... Last modified: 22nd Sep 2021

Postal Rule of Acceptance
Contract Law
Introduction: This paper examines the creation, development and application of the postal rule of acceptance in contract law.... Last modified: 20th Sep 2021

Difference Between Offer and Invitation to Treat
Contract Law
Introduction: Clients and contractors should have a clear understanding of the rules of offer and acceptance and the invitation to treat in order to have a contract.... Last modified: 20th Sep 2021

Rickards v Lothian - 1913
Case Summaries
Introduction: Natural versus non-natural use of land, domestic water supply, malicious act of third party. The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the premises he was renting.... Last modified: 8th Sep 2021

Yanner v Eaton [1999]
Case Summaries
Introduction: AUSTRALIAN LAW – SUBJECT-MATTER OF PROPERTY – WHAT IS A PROPERTY RIGHT. The appellant was an indigenous hunter who killed two animals in a creek for his own consumption.... Last modified: 7th Sep 2021

McRae v Commonwealth Disposals Commission
Case Summaries
Introduction: Contract Law – Australia – Common Mistake – Performance – Mistake – Subject Matter – Damages. The complainant, McRae, won a tender from the defendants, Commonwealth Disposals Commission, to retrieve an oil tanker that was on...... Last modified: 7th Sep 2021

Overseas Tankship Ltd v Morts Dock - 1961
Case Summaries
Introduction: Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. The crew members of the Overseas Tankship (UK) Ltd were working on a ship, when they failed to turn off one of the furnace taps.... Last modified: 6th Sep 2021

Types of Business Ownership, Sole Proprietorship and Partnership
Company Law
Introduction: The sole proprietorship receives all profits and is legally required to bear and satisfy all losses personally. The sole proprietorship is personally liable for debts of the business. So that, the sole proprietorship has unlimited liability to repay amounts owing, or debts, of the business.... Last modified: 31st Aug 2021

Principle of the Separation of Powers
Constitutional Law
Introduction: The separation of powers is a constitutional principle introduced to ensure that the three major institutions of the state namely; the legislative, the executive and the judiciary are not concentrated in any single body whether in functions, personnel or powers.... Last modified: 23rd Jun 2021

Schemes of Arrangement and Takeover Bids
Business Law
Introduction: This paper outlines and reviews the validity of schemes of arrangements and compares it with the formal takeover bid, in particular Chapter 6 of the Corporations Act. This paper aims to do this by pinpointing the various attitudes and views of legal commentators and regulators.... Last modified: 11th Jun 2021

Tort Law Civil Wrongdoings | LawTeacher
Tort Law
Introduction: Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations ... Last modified: 26th Feb 2021

Doyle v Olby - 1969
Case Summaries
Introduction: The complainant, Mr Doyle, decided to purchase an Ironmonger’s business from the defendants, Olby (Ironmongers) Ltd. He purchased the business for...... Last modified: 4th Jan 2021

Protecting the Land Rights of Aboriginal Inhabitants
Australian Law
Introduction: The decision made for Mabo (NO. 2) case in 1992 lawfully recognized the legal right of Aboriginal inhabitants, successfully prompting the implement of the Native Title Act in 1993.... Last modified: 4th Dec 2020

A Tort of Breach of Privacy
Constitutional Law
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 ...... Last modified: 20th Aug 2019

Principle of Corporations Law
Company Law
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... Last modified: 20th Aug 2019

Legal Advice on Mobile Phone Contracts
Contract Law
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 ...... Last modified: 20th Aug 2019

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

Did Parties Intend to Be Legally Bound
Contract Law
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 ...... Last modified: 20th Aug 2019

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