DEATONS PTY LTD v FLEW
(1949) 79 CLR 370
(12 December 1949)
DIVJYOT KAUR (450522204)
NATALIA E RINCON (440465498)
CLAW5001: CASE PRESENTATION
LECTURER: ANNA WARD
FACTS OF THE CASE
HIGH COURT OF AUSTRALIA/APPEAL
from the Supreme Court of New
Week 4: Offer & Acceptance ()
1. Types of contract
a). Simple contracts: consideration
b). Deeds or contract under seal: consideration must be signed seeled
a). Bilateral contracts: ()
b). Unilateral contracts:
2. Definition & Essential Ele
What is a tort?
A tort is a civil wrong (not a crime) whereby the act or omission of the wrong-doer (tortfeasor)
causes the innocent party to suffer: Infringement of their rights to the ownership or possession of
property (trespass , conversion); Injury,
CLAW5001 Legal Environment of
Topic 3: threshold legal concepts
II individual & corporate
What is liability?
Liability of businesses
Case presentation: Salomon v Salomon & Co Ltd  AC 22
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CLAW5001 Legal Environment of
Topic 2: threshold legal concepts
I analysing legislation & case
How legislation is made
Topic 2 Reading 5 Understanding Law, pp. 849
A guide to reading and analysing case law
What are you reading?
In which court was the case
In which court did the case
What are the names of the
What are the name
Factors affecting intention
In order enter into a contract, a party must not just intend to do so, but be
legally recognised as capable of doing so.
A variety of factors can affect a persons capability to intend to enter into a
Which, if any, of the following is an incorrect description or use of the term common law?
Common law refers to the body of laws developed by judges as distinct from legislation;
None of the above statements is a
Topic 7: Factors
?. Non est factum: it is not my deeda successful claim renders the contract ineffective
from the beginning (void)
Claimant must prove that:
1. Rely on others for advice (unable to read or understand the document)
2. Document actually sign
10: Statutory restraints on freedom of contract
<Unfair Contract Terms>
ACL Chapter 2: Part 2-3
Unfair terms in consumer contracts are void: If court finds term is unfair it is treated as
if it never existed; but the rest of the contract remains in effect
8Overview of the law of torts
Statutory reform: Civil Liability Act 2002 (NSW)
General Principles: s5B
A person is not negligent in failing to take precautions against a risk of harm unless:
(a) the risk was foreseeable (that is, it is a risk of which the
9Product liability under statute
David Jones Ltd v Willis (1934) 52 CLR 110
The shoes had been bought by description and there had been a breach of the implied
condition of merchantable quality.
Grant v Australian Knitting Mills Ltd  AC 85
tort of n
7. Factors affecting the contract
<Non est factum>
Petelin v Cullen (1975) 132 CLR 355
The defence is available to persons who have to rely on others for advice as to
what they are signing (e.g. because illiterate or blind) so unable to read or
Topic 11 Discussion Question 1.
The first issue here is whether Samson is liable to Murray for misleading and deceptive conduct.
Section 18 ACL states that a person in trade or commerce must not engage in conduct that is
Topic 8 Discussion Question 1
The central issue here is whether Frank is liable for unconscionable conduct regarding
the Ngs under ss 20 or 21 ACL.
Section 20(2) states that it does not apply to conduct covered by s 21. Conduct alleged
TOPIC 7 DISCUSSION QUESTION 1.
The issue here is whether Betty can impugn the transaction on the basis of unconscionable conduct.
The law as stated in Amadio is that in order for a transaction to be avoided on the basis on
unconscionable conduct, there mu
YOUR GUIDE TO
APA 6TH STYLE
APA REFERENCING STYLE (6TH EDITION)
INTRODUCTION TO THE AMERICAN PSYCHOLOGICAL ASSOCIATION (APA) REFERENCING STYLE . 2
BOOKS & BOOK CHAPTERS . 4
DICTIONARY / ENCYCLOPAEDIA . 9
JOURNAL, NEWSPAPER &
Topic 10. Discussion Question 1.
The first issue is whether Sunshine and Domain are liable for breaches of the consumer guarantees.
On the facts, the breaches concerns ss 54 and 55. Under s 54 there is a guarantee that goods are of
acceptable quality. In