The Origin Of The Australian Contract Law

The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.

Contract theory - studies how economic actors can and do construct contractual arrangements, generally in the presence of asymmetric information

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

In Australia, human rights are protected in various ways. Unlike similar democracies, for example New Zealand, Australia does not have a Bill that protects human rights in one single document. International laws also known as treaties or conventions, apply throughout the world. A treaty operates like a contract. So when a country becomes a party to a treaty, it is then legally required to act in accordance with the rules contained in that treaty.

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.

In everyday living, contracts can be a basic part of individual life. On a personal level, there are several types of contracts that have been encountered. These contracts are life, health, and automobile insurance that is a benefit for the person insured in case something happens such as a death, a hospital stay or a car accident. Also, there are employment contracts that are signed when one accepts a job such as an employment application, and service contracts such as contractors performing work on my home. These are basic examples of how contracts affect everyday life on a personal

Contract comes into existence when both parties (offeror and offeree) have agreed terms in negotiations. The contract becomes binding when there is an agreement from both sides. It is not effective until there is communication.

Contracts are an integral part of our everyday life and play as important role in our personal and business lives. In order to deal effectively with promises provided in the business world, a legal framework is needed. Basically, a contract is a promise or set of promises, for which the law provides a remedy if a party breaches or failing to perform. In order to form a contract, four basic elements are needed: an agreement, bargained-for consideration, legal capacity to enter into the contract and a legal purpose consistent with law and public policy. The case Michelle M. Nichols v Century West, LLC et al. below described how the contract is important in business and the promises enforceable in court.

The Australian Legal system has a common law system. In the Australian Legal system there is two main sources of law; Case law otherwise referred to as ‘common law’ and it arises out of court judgments. The second source of law is known as Statute which is passed by the parliament of Australia. Early Australian law was heavily influenced by the United Kingdom (UK). [2] As the years went on, the English law continued to influence Australian law.

The rules governing contracts traditionally came from common law, meaning the law that is produced on an ad hoc basis by courts. When the courts came up against a novel problem, they look at

The doctrine of tenure originates from English common law. It forms the structure of Land Law in Australia. There were different types of tenure in the English system. The form of tenure used in Australia was free and common

A contract is a legal document that tend to create an extended relationship between a buyer and seller of an output, in which they specifically tend to restrict the buyer and seller to exchange at terms indicated in a legal document. Also, contracts are also another way to purchase inputs. Moreover, contract length is mainly depends on the output where it may be short, or lengthy and complicated. Also, contracts clearly need to state the set of tasks that each contracting party expects the other to perform. Along with specifying the set of tasks, they also have stated some of the solutions to the problems in the event where if the buyer or the seller are not able to perform the tasks or able to fulfill its requirement properly. In

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.

There are many types of contract that affect people right, as well as the degree of enforceability, there are formal , express contract, and also written agreement (Seaquist, 2012). Contract provide the means for people and businesses not to get

The word "Contract" means a legally binding exchange of agreement or promises between two parties which the law can enforce. Contract law is originated from the Latin phrase know as "pacta sunt servanda" means promises has to be kept. Any kind of violation of any kind of contract is fully recognized by any law of the land and the result of such violation can be provided. In general life, almost every citizen makes contract everyday. For example, when purchasing a house, written contract is required.