Grace decides to buy a shop to start a new business venture as a jeweler. She finds the
place she is looking for and takes the contract of sale to her solicitor. All relevant
documentation regarding the property shows that it
Cases for chapter 4
Name of case
What section of the law it refers to
Harvey v Facey p.163
Harris v Nickerson p.165
Partridge v Crittenden p.167
Making the offer
Offer or statement of present obligation
Invitation to treat
Grainger v Gough p.169
Express Terms- Specifically stated by parties
Implied Terms-Arent addressed by parties, inserted by courts based on past dealings.
Mere Puff- Opinions, exaggerations best in the world
Collateral Contract- Not included in contract but was needed
7. A false statement must be made by a person who owes a duty of care to the other, &
the duty of care must be breached by failure to properly research the matte, or the
giving of an opinion not properly researched or formulated.
8. The legal action is ma
Tort Law (Application of Case Studies)
Duty of Care
Established by Lord Akin in Donoghue v Stevenson (1932), (PG186)
(Duty of Care)
o To establish a duty of care, the plaintiff must satisfy the neighbour
o Under the neighbour test, a person must
Commerce Law Summary Notes
Sources of Law
1. Statue (Legislation) An Act Made by Parliament
2. Judge Made (Common Law, Case Law, Precedence Law) made by Courts
Power to make laws divided between Commonwealth and state parliaments
COMM LAW WEEK 2 NOTES
NEGLIGENT STATEMENTS PART 1
1. Negligence (Common Law)
2. S18ACL (Statute)
1. Under Common Law
2. Under ACL
Negligence all three steps must be satisfy to prove negligence
1. Duty? Did I have
Comm Law Notes Week 3
WHAT IS A CONTRACT?
What is a contract?
- Agreement between two or more parties which will be enforced by a court
- generally, may be entirely in writing, entirely oral or partly written and partly oral
- (some contracts eg land sale
Comm Law Week 5
EXPRESS TERMS PART 1
1. Express the question is: what terms are included in the contract (Aware of or
Contract Terms Generally
Express Terms (or clauses) These are terms expressly agreed by the parties
Comm Law Week 6
2. Implied We are here
Cooperation & Good Faith
Implies parties will do what is reasonably necessary to enable other party to
have the benefit of the contract
Some contracts are concerned with esta
Comm Law Week 7
3 TYPES OF CONTRACTS
Contract precedent/subsequent if a certain action happens, it can terminate the
contract e.g. employment contract, offering a job only work for me as long as you
only clean the monash Caulfield campus in tact until a b
Comm Law Week 4
Why does intention matter?
Even though there may be offer + acceptance = agreement
Not all agreements are contracts
The parties must intend to contract
Comm Law Week 10
INTRO TO COMPANIES
A company has a legal capacity to do anything that a natural person may do,
plus it has additional powers such as the power to sell off ownership in itself
by issuing shares
Section 126 (1)
A person h
Trustee has the power to invest trust funds, unless
the deed says otherwise
A trustee must exercise care and skill
Exercise Care and Skill
The level of care and skill expected is the deg
Organised list of statutes for Partnerships, Companies and Trusts
Partnerships Act 1958(Vic)
Common Law Cases
Carrying on a business
View of Profits
Business or hobby Ferguson v FCT
Com Law Test 2 chapters
Does a Contract exist?
Is there an offer?
If so, was offer accepted?
If so, was there consideration?
If so, was there intention?
If yes to all, you have a CONTRACT
What can happen to an Offer
A contract is an agreement between two or more persons which will be
enforced by a court of law.
The four element of a contract
Has an offer been made?
Has the offer been accepted?
Did the parties intend to make a contract?
When a duty of care is owed?
- Donoghue v Stevenson pg. 45
- Grant v knitting mill pg. 48
Duty of care owed by property owners
- Safeway v Zaluzna pg. 50
Duty of care failing to act
- Club italia v Ritchie pg. 52
Duty of care where the injury psychologica
Week 4 Contracts (Offer and Acceptance)
Contracts (Offer and Acceptance)
o Personal Relationships
o Marketing and Advertising Relationships
o Production Relationships
o Financial and other Relations
WHAT IS A CONTACT?
what is a contract?
agreement between two or more
parties which will be enforced by a
generally, may be entirely in writing,
entirely oral or partly written and
(some contracts eg land sales and
Contracts (Offer and Acceptance
[Harvey v Facey (Pg. 163) ]
o Statement of Fact, not an offer.
[Australian Woollen Mills Pty Ltd v Commonwealth (Pg.164) ]
o Government Issued a statement, not offer.
[Harris v Nickerson (Pg. 165) ]
o No contract, advertisi
Express term and applied term for goods.
Lou needed five ride-on lawn mowers for his golf-course maintenance business. Lou
approached the salesperson at Industrial Mowers Pty Ltd in Victoria and explained his
needs, which included mowers that could
Case workshop Q3
Main issue: can Jenny bring an action against Albert for breach of express terms
of the contract?
1. Sub-issue: can J rebut the operation of the PER?
PER-define and state exceptions (case: British Muvie): the court pres
Blue Whale Pools Ltd (the company) based in Melbourne builds swimming pools
for hotels in the Asia Pacific region. The company has 3 directors, Lynn, Rhett and
Gerry (the managing director). The companys constitution provides that any co
Workshop problem: Partnership Laksmi Restaurant
Rules of Partnership Acts
Issue: Is the written agreement that Loki is to receive half of the profits valid?
Rules: s. 28 (1) states that all the partners are entitled to share equally in the profits and
1. Issue: Whether they are running a partnership business?
S.5(1): partnership act 1958 (vic) main point:
Carrying on a business:
Regulation continuous activities of dealing not single venture .
S3: any trade profession or occupation.
This question is remedies for tutorial question. E and A-system.
1. Issue: condition or Warranty
a term that is very important that if without it, one of the parties will not
enter the contract: Tramways Adv v Luna Park. B
intention - part 1
we are here.
remember - all 4 required for a contract.
why does intention matter?
even though there may be offer +
acceptance = agreement
not all ag
ADDITIONAL TUTORIAL QNS - WEEK 9
QNS 1: (Week 9)
Adam buys a hamburger from Hungry Johns for his best friend, Eve. As Eve eats the
hamburger she notices a rat's tail poking out from under the lettuce. She then realises the
unusual taste that she had just
TUTORIAL QNS WEEK 11
1. What are the advantages and disadvantages of a partnership?
2. What are the factors that determine whether a partnership exists?
3. What does a retiring partner need to do to avoid liability for partnership
debts after he or she re
ADDITIONAL TUTORIAL QNS - WEEK 8
(Lecture Topics: Week6&7)
Daniel and his wife Hannah want to buy a house in the country. They receive a brochure
from a property developer, Dolphin Estates Pty Ltd, advertising a housing development
called Lake View
TUTORIAL QNS WEEK 12
Tim and Neil Finn are partners in the firm Finn Homes. They decide to incorporate the
business. On incorporation, Tim and Neil become the directors and equal shareholders of
Finn Homes Pty Ltd. At the time of the company's incor
Chapter 11- Partnership
Definition of a partnership
Shareholders in a company are not regarded as partners and this has been
outlined in the Partnership Act 1958 (Vic). The act defines partnership as a
relationship that subsists between persons carrying o