Tag: Australian Law

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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 ......

Equity’s Not So Clean Hands
14th Aug 2019
Introduction: By Tarrek Naji Historically equity does not punish, and further more it is not a punitive jurisdiction. Punitive damages are ones which punish and......

Unconscionable Conduct in Australia
14th Aug 2019
Introduction: Abstract: The ever expanding consumer population has found ways of redress according to legislation and general law in Australia. This ......

An Employee or Independent Contractor
14th Aug 2019
Introduction: Is Guinevere an employee? What is the nature of the relationship between Guinevere and Magic Computers? Is Guinevere an employee or independent ......

An Erroneous Belief at Contracting
12th Aug 2019
Introduction: In contract law, mistakes in law are a group of rules in English contract law, which happen to share the same title. A mistake is an erroneous ......

Prime Objective of Registering a Company
12th Aug 2019
Introduction: A prime objective of registering a company is to execute a business with the third party or with the contractor. In order to conduct a business with outsiders, a company should execute a contract with the outsiders. As mentioned in s124 of Corporation Act 2001...

The Material Facts of the Tabcorp Case
12th Aug 2019
Introduction: Case: Tabcorp Ltd v Bowen Investments Pty Ltd A) Provide a summary account of the material facts of the Tabcorp case and its progression from the o......

Family Provisions – 'moral duty/claim'
12th Aug 2019
Introduction: The idea of freedom of testation is a relatively short-lived and flawed notion that as holders of property rights, such freedom to do with this......

Exceptions to the Parol Evidence Rule
8th Aug 2019
Introduction: Most of the contractual disputes concern the parties’ rights and obligations under the contract. To resolve this kind of disputes the courts ......

Tort of Negligent Misstatement
8th Aug 2019
Introduction: AREA OF LAW TORTS- NEGLIGENT MIS-STATEMENT PRINCIPLES OF LAW A tort can be defined as a wrongful act or omission which gives rise to a civil ......

Implied Terms in the Employment Contract
8th Aug 2019
Introduction: Staff in the course of employment usually creates inventions. Employer usually owns the ownership of the invention created by employees ......

Pre Incorporation Contract
8th Aug 2019
Introduction: A pre-incorporation contract refers to a contract where one party of the contract is a company that is yet to be incorporated. The key issue in ......

Existing Duty Rule in Australian Law
8th Aug 2019
Introduction: Australian law, derived from the commonwealth law with addition of its own has been in place ever since the settlement of Captain Arthur Phillip ......

The Promises
8th Aug 2019
Introduction: The promises, made between at least two parties to express the willingness to do or not to do certain things are basically deemed as agreements....

Specific Terms Such As Consideration, Capacity, Intention
8th Aug 2019
Introduction: Contract is form by specific terms such as consideration, capacity, intention and also genuine consent. Among all of these terms there also sub topic under each specific terms that we previously mention that are important in the......

Estoppel in the Australian Law System
8th Aug 2019
Introduction: Table of Contents INTRODUCTION Promises can be considered as special in our society because to keep a promise is the moral thing to do. In human ......

Should Australia become a Republic?
8th Aug 2019
Introduction: Both republicans and monarchists have marked their opportunity in their own way after defeated in the referendum on a republic in 1999. John .....