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.
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.
Rickards v Lothian - 1913
Case Summaries
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: 28th Oct 2021
Yanner v Eaton [1999]
Case Summaries
The appellant was an indigenous hunter who killed two animals in a creek for his own consumption. He was later charged with taking ‘fauna’ from the area without a license, contrary to statute....
Last modified: 28th Oct 2021
Overseas Tankship v Morts Dock - 1961
Case Summaries
The court held that Overseas Tankship (UK) Ltd could not be held liable to pay compensation for the damage to the wharf. This case disapproved the direct consequence test in Re Polemis and established the test of remoteness of damage....
Last modified: 5th Oct 2021
Overseas Tankship v Miller Steamship (Wagon Mound Case)
Case Summaries
The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the sea near a wharf close to Sydney Harbour. An unfortunate chain of events led to the oil becoming mixed with cotton debris, which was subsequently ignited by the sparks coming off some nearby welding works....
Last modified: 5th Oct 2021
McRae v Commonwealth Disposals Commission
Case Summaries
The complainant, McRae, won a tender from the defendants, Commonwealth Disposals Commission, to retrieve an oil tanker that was on Jourmaund Reef near Samarai. However, when the complainant went to the location, after laying out significant expenses for the salvage, they discovered that in fact there was no oil tanker....
Last modified: 4th Oct 2021
Legal Issues in Social Agreements and Contract Law
Contract Law
Case examples covering legal issues in social agreements and offer and acceptance under contract law....
Last modified: 30th Sep 2021
Australia's Legal System
Australian Law
Australia's legal system also known as 'Common law system' is based on the model which was inherited by those countries whose development was influenced by British Colonialism....
Last modified: 28th Sep 2021
Tort of Negligent Misstatement
Contract Law
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
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
Principles of Natural Justice and Bias from Preconceived Notions
Constitutional Law
The principle of natural justice or fairness is the sine qua non of a democratic government. Bias is the idea that a judge may have “preconceived ideas” concerning the case before them....
Last modified: 22nd Sep 2021
Unascertained Goods and Specific Goods Cases
Contract Law
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
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
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
Types of Business Ownership, Sole Proprietorship and Partnership
Company Law
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
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
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
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
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
Australian Broadcasting Corporation v Lenah Game Meats
Case Summaries
The respondent operated a possum meat processing plant in Tasmania. It sought an injunction to prevent the appellant from......
Last modified: 30th Dec 2020
Protecting the Land Rights of Aboriginal Inhabitants
Australian Law
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
Legislation to Criminalise the Financing of Terrorism
Criminal Law
Australian’s first reaction was the amendment of the Criminal Code in 2002 to include the offence of financing terrorism....
Last modified: 17th Oct 2019
The Assumption of Responsibility Can Be Considered
Contract Law
In January 2003, Transfield Shipping Inc of Panama (Transfield) chartered The Achilleas from the Mercator Shipping In......
Last modified: 11th Oct 2019
A Tort of Breach of Privacy
Constitutional Law
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
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
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
