Case Study : Business Law And The Federal System Of Government

First of all, there are some similarities between the Australian government and the American government. They both have a congress, although they call it parliament in the Australian government. Both have a federal government; this means that they have state and federal governments. They have senators that represents the states. They have a house that is elected by the people. In both countries, legislation has to be passed through both houses. They both have a court that interprets the constitution and handles final appeals (Supreme Court in U.S. and High Court in Australia). Also, they both have written constitutions that describes the powers of government. However, they both have differences.

Contract law has set out to provide a healthy trade environment. Contracts are promises enforced by the law, with the support of something of value that has a legal purpose. It is an agreement between parties, formed by the elements: offer and acceptance, with all parties having the capacity to perform obligations enforceable by law. There are instances where the enforcement of a contract would bring about gains or losses to society and commerce.

A contract is an agreement between two or more parties which in Scotland does not need to take a specific form, as a spoken agreement is still equally as enforceable as a written contract in certain circumstances such as in most social and domestic arrangements. A contract creates a legally binding bond between the parties involved. Contracts are made everyday sometimes without even realising it from buying a coffee to buying a house.

A contract is a promise between two or more parties that the law recognizes as binding by providing a remedy in the event of breach. In order for a promise to be enforceable it must be supported by consideration. Consideration can be defined as a bargained for exchange between the promisor and promisee; a promise can not be considered a contract without consideration. Common law states also require mutual assent to exist for a contract to be enforceable, this means that there must be an offer and an acceptance of said offer. For example, if a promise is made between two consenting people and one of those

In the mid 1800’s, Australia was divided into six relatively independent British colonies which, despite similar cultural beliefs and backgrounds, all acted as separate countries. Each colony had established its own legal system (though the Monarch was the head of state for each colony) which had evolved from and was heavily influenced by the British system. When the First Fleet arrived at Sydney Cove in 1788, they brought with them English law which was implemented in early settler times. This action in conjecture with the British background of the colonies led to early Australian law closely mimicking that of Mother England.

A fair and just society would be created from the systems which were formed in the government of Australia to confirm there is equality. The constitution is chosen rules of how the state is to be run, it is organised by the citizens of Australia for them to feel safe in their environment. Elections are for the public so their voice will be heard when someone is going to be chosen to represent them. Laws are an important part of having a fair and just society, they ensure that citizens behave correctly and proves the freedom and equality in Australia. The constitution, laws and elections all need to be included to achieve a fair and just society.

The Federal Court of Australia is the next in line below the High Court of Australia, Federal Court deals with federal laws and cases that are not accepted by State Laws and accepts appeals from the Federal Magistrates Court. [10] The Federal Court however does not deal with law cases that involve family matters, these cases are brought to the Family Court. Below the Federal and Family court are the Native Title Tribunal, Administrative Appeals Tribunal and the Federal Magistrates Court.

To gauge the extent of truth in the statement, “Australia’s legal system is based on the English legal system”; it is necessary to have a clear understanding of the formation of the Australian legal system. Moreover, a study of the Australian history helps to better understand the relationship between the British and the Australian legal system. This essay will focus on the above discussed factors to determine the extent to which the statement holds true.

The legal system in Australia originated from England, from when the first settlers arrive in Australia. Unlike all other western democracies however, Australia does not have a Bill of rights. Instead, our rights are scattered across a variety of sources. The Australian Constitution has five express rights. They are the right to trial by jury (s116), the right to be compensated when your property is acquired by the commonwealth (s51), the right to be protected and the right to free trade and commerce between states (s92). There is also the freedom of religion (s116), freedom from discrimination (s117), the freedom of association and assembly and the

The contract is an agreement that is given the full force by the law. It has been further defined as legally binding agreement between two or more parties negotiating and agreeing to a deal, under which both of the sides are bounded by the terms of that agreement. In its nature, the contract is a promise or set of the promises which is essentially commercial and is involving either sale or hire of the commodities. Contract are the base for performing business, and the laws on this matter are clear and designed to enforce the rights, but also responsibilities of all the parties to the contractual agreement. The contract law is the scope of law which recognizes and governs those rights, responsibilities and duties arising from the concluded agreement.

The Australian legal system is subjected to widespread coverage through the expansion of different sections that control key areas, but subjectively all overlap within one another. It is through the breakdown of each system and the correlation between these classifications is how we can gain an understanding of Australia’s construction based legal system.

The justice system of Australia was originally developed on 1 January 1901, this was named the constitution. The organised system of law which is now enforced in Australia originated from a series of British statuses, when they colonised Australia. Although the laws of Australia is now different from the United Kingdom in many respects, from the beginnings of the settlement; the underlying patterns of thought reflect the common law traditions which were originally received from Britain of the time. The constitution has 128 sections which covers everything from the structure and power of federal, state and local government, to the establishment of the High Court of Australia, High Court more powerful than District Court. There are

There are three systems in Australia which help to create a fair and just society. The Constitution, laws and elections have been initiated by the Australian Government to achieve this. The Australian Constitution is a guideline for the parliament which assists them in leading the country impartially. The three levels of government determine the rules and regulations necessary to maintain a community with equal rights. Every three years, elections are held where Australians have the opportunity to elect leaders to represent their opinions and beliefs.

A contract is an agreement made with an intention of legal rights and obligations which the law will enforce. It contains the agreement, consideration and intention. It also have some other things to consider, like capacity of parties, genuine consent or legality of object.

Freedom of contract is the right to choose ones contracting parties and to trade with them on any terms and conditions one sees fit contract permits individuals to create their own legal rules, adapted to their unique situations free from government interference, imposed values, and Judgments of fairness. The main notion or ideology of “freedom of contract” was given one of it its most famous legal expressions in 1875 by Sir George jessell. “ men of full age and competent understanding shall have the utmost liberty of contracting when entered into freely and voluntarily shall be held sacred and shall be enforced by the courts of justice” “the courts are not too