For a partnership to exist there must be persons carrying on a business in
common with a view to profit. Mike and Raj takeaway shop is more than a
one-time venture and therefore satisfy the carrying on component of a
partnership. The next question is w
Misleading or Deceptive Practices
Misleading or Deceptive Practices Structure of Answer
1. Issue: [Plaintiff] can bring an action for [damages/injunction/other orders] under s [82/80/87]
TPA for a contravention of s [52/etc] TPA.
a. False or mi
Sale of Goods Implied Terms
Implied Terms (Sale of Goods) Structure of Answer
1. [Buyer] may get a remedy against [seller] on the basis that it breached a term implied by statute.
This will depend on which statute applies, if any, and what term
The main issue is whether the plaintiff (P) Ahmed can sue the defendant (D)
Mohammed under S52. 2 aspects need to be proved:
-s52 can be applied
-remedies caused by the defendant
Issue 1: Does S52 under TPA appl
Explain issue whether the plaintiff will succeeded sues the defendant under common
law negligent misstatement.
Describe who the representor is and who is the representee.
To established negligent misstatement, there are some element
The Law of Contract
Formalities and Capacity
Reference: CACL Chapter 4-6
RG Bus Law 2015
1. Intention to create a contract
For a contract to exist the parties must intend for their
agreement to b
LAW OF TORTS
CACL Chapter 14
WEEK 8 & 9
WHAT IS A TORT?
The Law of Tort is concerned with minimum
standards of conduct expected of people.
In Tort, the rights of individuals to expect
certain conduct are conferred by the law
unlike contract w
Step 1: Duty of care
L Shaddock and Associates
Pty Ltd v Parramatta City
Council 55 ALJR 731
P purchased land in Parramatta and inquired
whether the road widening mig
Negligence structured answer
Step 1: Was a duty of care owed to the victim?
- refers to the neighbour principal
- Donoghue vs Stephenson
> was it reasonably foreseeable that the actions would affect people closely and
directly affected by the act?
Topic 1: An introduction to Law and to the Australian Legal System
The nature and concept of law
The law is something devised by humans (parliament and courts) to create order and
regulate human behaviour and the relationship between m
BTC 1110 Semester 2, 2016
Part 1 (wk. 1 7)
Your weekly reading/ lecture guide including topic recap questions and exam style problem
This Booklet provides a brief outline of the lecture programme, topic revision
Misleading or Deceptive Conduct Structure of Answer
1. The main issue: [Plaintiff] can bring an action for a contravention of s18 of the
a. False or misleading representations s18
a.i. A person must not, in trade or commerce, engage in conduct that
Assume consideration was given
There are a few matters in this question, is there a valid contract? If consideration
was given, does that change the circumstances of the contract? Also, whether
Office Use Only
Semester Two Examination Period 2009
Faculty of Business & Economics
Department of Business Law & Taxation
EXAM CODE[S]: BTF1010
TITLE OF PAPER:
BTF1010 Commercial Law
2 hours 30 minutes
To answer a question
1. State the issue (eg whether theres a duty of care between P and D)
2. State the law (eg duty of party outlines the reasonably foreseeable test, to
determine whether there is a duty of breach)
3. Apply facts of case to law (
Running head: EMPIRE GAS CORP. V. ABC
Empire Gas Corp. V. American Bakery Co.
EMPIRE GAS CORP. V. ABC
Empire Gas Corp. V. American Bakery Co.
1. Define and distinguish a requirements and output contract.
What is sovereignty?
Parliament can make or unmake any law
If there are two or more meanings, purposive constructioncourts must come to a decision
that promotes the purpose
The doctrine of precedent (CACL 1.540)
Underlying principle is stare
Oliver Watts 25957074
Consumer guarantee Structure of Answer
a.i. Are they a consumer?
a.i.1. Essentially, a consumer is defined in s3 as a
person/corporation where either:
a.i.1.a. The price of the goods does not exceed $40K OR
a.i.1.b. If they do exceed
TOTAL out of 20
1. Which of the following is the best definition of 'ratio decidendi'?
A. It refers to the fin
Does plaintiff have a right to sue defendant for causing damages under the
To be successful in a negligence claim, plaintiff has to presents three elements.
First, there has to be a duty of care owed by defen
Under the Australian Consumer Law (Sch2 of the Competition and Consumer Act)
Prohibition of Misleading or Deceptive Conduct Section 18
Must not, in trade or commerce
Legal and natural persons, including corporations
Carrying on business
Commissioner of Taxation
(1979) 79 ATC 4261
Ferguson was employee in the Navy but he was keen
to go into primary production. So he leased five
Express terms Case
Terms of contract
Oral agreement to the
J Evans & Son (Portsmouth) Ltd
v Andrea Merzario Ltd (1976) 1
WLR 1078 (Court of Appeal)
State Rail Authority of NSW v
Heath Outdoor Pty Ltd (1986) 7
NSWLR 170 (Supreme Court of
Abdul Kadir was a happy man. The company of which he was CEO, Kadir Fine
Meats Pty Ltd was doing so well that he decided it was time to buy a new freezer.
In the Age that day, TEDs Refrigerators, advertised their latest range of mo
Chapter 14 Law of Torts
14.60 Donoghue v Stevenson
- Donoghue drank some of the ginger beer
- The remains of a decomposed snail dropped out of the bottle into her tumbler.
- Donoghue was diagnosed with gastroenteritis and suffered being in a st
Week 4 Answers
1. The following things happen to Alex the Harley Davidson rider in December 2012:
a. He agrees to buy a new Harley Davidson motorbike from Bobs Bikes for $13,000. After the
contract is signed he asks Jeff, the sales manager, if they will p
Week 11 & 12 Corporations Act
S124 gives the company the full legal capacity of an individual, one
that can sue or be sued in its own name and enter into contracts.
(Salomon v Salomon & Co Ltd)
S126 allows authorised agents of a company to ind
Existence of Partnership S5 & S6
S5 - The first question is whether or not a partnership exists. S5 of
the Partnership Act defines a partnership as the relation, which
subsists between persons carrying on a business in common with a
view of profit.
Chapter 13: Consumer
Overview of the Australian Consumer Law:
The Australian Consumer Law has benefitted the Australian community by:
(a) Giving Australian consumers the same rights and protections wherever they are in
Week 3: Basic Probability and Probability Distribution for a
Discrete Random Variable
Textbook questions for further practice
Page 119: 4.3-4.5, 4.7-4.9
Page 126: 4.10-4.21
Page 132: 4.22, 4.23
Page 145: 5.1-5.5
Page 149: 5.9-5.12
What is law?
Something devised by humans to create order/social cohesion order and regulate human
Role of law regulation
Inform us what we may do and how we should do it (eg. Make contracts), what we cannot
do without incurring sa
No new content in week 12
mid sem - april 5th 6pm-8pm
5MCQ 1mark week 1 lecture + doctrines +separation of power
+rules of integration of statute
case study- contracts?
CACL refers to the textbook
MCQ-20Quetions mark eac
If a consumer contract exists, then consumer guarantees of products (9) and services (4)
Step 1: Applicability
Questions to consider:
Is the buyer a consumer under s. 3 of ACL?
Is the good a consumer good un