Private Law and Civil Law: What is a Contract in Australian Law?

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

In 2013, Australia signed a Regional Settlement Arrangement (RSA) with PNG and later a new Memorandum of Understanding with Nauru regarding refugees resettlement . Notwithstanding Australia’s attempt to evade from its international human rights obligations by sending asylum seekers and refugees outside its territory, as Australia is a party to a number of treaties, including the ICCPR, the ICESCR, the CRC, the CAT and the Refugee Convention , Australia’s international human rights obligations clearly apply when transferring asylum seekers to a third country.

Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full

Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian

An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.

All of the case studies are concerned with the Law of Contract, specifically the formation of a contract and the differences between an invitation to treat and a contract. We will investigate each consumers’s specific contract or lack thereof individually and advise Bruce on his legal position.

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Australia, among many places, has legal restrictions and conventions in reference to the captivity and treatment of asylum seekers. These are seen through the ‘1951 Refugee Convention’ and it’s 1967 protocol. Legal guidelines are also seen in significant human rights treaties.

1. Identify and summarise human rights agreements that Australia is a signatory to, recognising the right to seek asylum.

‘Acceptance is a definite and unqualified assent to an offer, on all of its terms. Any acceptance given conditionally will not result in a legally binding agreement.’

Recently, concerns have been raised by political figures and the people of Australia regarding the ‘abysmal treatment’ of asylum seekers (Claire Mallinson, 2015). The violations of their human rights in regards to the conditions they are forced to live in inside detention centers show that these centres do not operate within the humanitarian requirements Australia has agreed to abide by. The current process that handles the arrival and subsequent treatment of asylum seekers does not allow the migratory system to properly address the complications that the present circumstances impose. The Universal Declaration Human Rights (1948) (UDHR) and the United Nations 1951 Refugee Convention were signed by Australia to recognize its support of these

There are numerous different laws related to sport, at both a professional and amateur level. There are not only rules that must be abided by those participating in the sport but also the coaches and spectators. For professional athletes, there are strict laws regarding the contracts and the terms and conditions. In regards to sport, in particular contact sports there are specific Tort laws, (conduct that harms other people or their property.) Drugs in sport is an ongoing issue for Law, there is the constant battle of athletes using banned substances and drug testing authorities attempting to identify and find banned substance.

Independent sales representatives work to put together profitable sales deals for manufacturers who often don’t have the time or desire to develop relationships for the sale of their products. Sales and manufacturing are often two different mindsets. Manufacturers often rely on independent sales representatives for this part of the process. Paying the sales commission is part of doing business until the manufacturer decides to lower his cost by selling directly to the customer. Once the relationship is built, the money that was paying the sales commission can be saved or invested elsewhere. “A bad economy only increases the cost cutting measures by manufacturers. However, when cost cutting measures involve breaching a prior agreement

Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.