We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Australian Law - Essay Example

Comments (0)
Australian Law Name Date Australian law Case No. 1 Under the Australian law, various aspects comprise any case used to determine the legality or the illegality of the case. This case falls under the law of contracts of the Australian law. The requirements of the admissibility of any case as under the law of contract are several (Barnett, 2001)…
Download full paper

Extract of sample
Australian Law

Download file to see previous pages... There also has to be the item being offered and the consideration for the same. It is also worth noting that putting an advertisement on the paper is classified as an invitation to treat (Evan, 2006). This is where the seller is welcoming any prospective buyer to come and make an offer the commodity being sold. However, once the buyer has made the offer and the seller has agreed to take the stated consideration, the contract becomes binding and prevents the seller from rescinding such a contract on any other basis. For the agreement to become binding, the offer must be communicated and the acceptance communicated too, indicating an intention to enter into a contract. If in the communication of the acceptance the offeree changes any term of the original offer, then the contract is breached and not binding any more. If the acceptance happens to be given after the set time for the contract has expired, then the contract can be rescinded (Parkinson, 2001). The most important aspect regarding the offer and acceptance is that from the judgment of a reasonable ground, the whole deal settles as a bargain that is concluded. Notable also is the fact that both the parties entering into such a contract must have the capacity to engage. Under this provision, a drunk or a minor cannot enter into any binding agreement. In our case, Anton offers to sell a photograph to John. John agrees to buy the photo and then pay for it $10,000. Here, there is an involvement of two parties, the seller, and the buyer. The law requires that the intention by the two parties entering into such a contractual agreement should be to create a contract. In this case, there was a clear intention to form a contract, in the sense that John agreed to purchase the photograph only if it was authentic. The response by Anton was positive. This far, the intended transaction had qualified to be a contract. However, there was an abrupt change of plans when Anton was informed that the same photo would fetch more money, to a tune of $ 30,000. By deciding to give out the photograph to be sold at a higher price in auction, well knowing that he had agreed to sell the same to John, Anton breached the agreement. Under the Australian law, there are two provisions that guide the cause of action, once one party to the agreement breaches a contractual agreement. The legislation guiding fair-trading in all the Australian states as well as the law of consumer provides that a party to the contractual agreement who decides to breach the agreement can be sued for damages (Baker, 1995). The fact that Anton breached the agreement gives John a legal right to claim the watch and if not provide to him, then to sue Anton over the same. Thus, in our case, John can take legal action and sue Anton for the breach of contract. However, there are some considerations that need to be done in this case, just before a determination is given as to who bares the responsibility. The fundamental principle of capacity comes into play in this case (Hoggers, 2008). We are not told the age of both the seller and the buyer. If it happens that Anton was below the legal age of responsibility, then John have no legal right to sue Anton for the breach of that contract. The state of the two parties entering the contract is not given also. Considering the fact that any contract entered into by parties who are drunk or not sober is not binding, ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
Gender and Australian Law
The discrimination among the gender in Australia has been evident in almost all the sectors of the country and the paper analyzes the problem of discrimination based on genders and the laws and regulations framed to promote such practice in a reputed country like Australia.
7 Pages(1750 words)Essay
The growth of internet gambling and the implications for regulation and harm minimisation in Australia
This report discusses the growth of internet gambling in Australian economy and what are the implications of this growth on Australian government and harm minimisation in Australia.
5 Pages(1250 words)Essay
Australian Law Essay
After winning sovereignty from British rule, the leaders of the young nation embarked upon creating democratic institutions and processes to ensure fairness and justice for all. They looked up to British legal history and the American written constitution to chart out a robust constitution for Australia.
4 Pages(1000 words)Essay
Essay on procedural fairness in Australian administrative law - full question in assessment criteria
bound by the rules of procedural fairness or precluded as a result of a clear statutory intention to the contrary have been tested by immigration cases. In M61/2010, the courts found that administrative powers relative to applications by offshore detainees for protection visas were required to be exercised by reference to the rules of procedural fairness.3 However, the ruling in S10/2011 appears to represent a shift away from the ruling in M61/2010 in that it was held that the denial of a protection visa application did not confer upon the plaintiffs a right to procedural fairness.
8 Pages(2000 words)Essay
Australian contract law
Legal signing is made by both parties to show that an agreement has been made while any withdrawal would only occur with the involvement of the two parties (Gillies, 1988). A contract can be made orally or be in writing and can be entered into through different ways.
6 Pages(1500 words)Essay
Australian law
Stephenson that saw the decomposing remains of a snail found in a ginger beer bottle mark the beginnings of modern laws on negligence. In making the ruling, Lord Atkin Directed that producers were responsible for the products they sold to all their customers.1 After a duty of care has been established, it is important to settle the matter as to whether the defendant or professional adviser actually happened to breach the duty of care that was owed.
4 Pages(1000 words)Essay
Australian Law
The High Court of Australia is capable to manage cases which come to it on appeal or which start in the High Court itself. Cases which entail interpretation of the Constitution or where the Court may be called upon to depart from one of its earlier decisions or where the Court thinks the principle of law involved to be one of main public importance, are generally determined by a complete Bench including all seven Judges if they are available to sit.
3 Pages(750 words)Essay
Australian Criminal Law
And then he ran into my knife. He ran into my knife ten times. If you'd have been there, if you'd have seen it, I betcha you would have done the same! [Wilbur, as it transpires, had a long history of violence, possessiveness and a need to control June.] There has been constant change in the legal texts in keeping with the changes that are happening with criminal homicide in Australia (Brown et al., 1996).
10 Pages(2500 words)Essay
Australian Business Law
The TPA applies to the corporation because the said Act applies to the business of corporations and businesses engaged in misleading conduct related to intellectual property. In the given problem, Avarice Ltd is a corporation and in using the name Happiest Kangaroo Hotel, it is engaged in the misleading conduct related to intellectual property of passing-off.
16 Pages(4000 words)Essay
Journal Analysis Australian Law
A legal collision eventually loomed as SF filed a court action against the CB allegedly for “deception and misrepresentation” in its statements to SF’s clients. The bank, on the other hand, alleged that SF
3 Pages(750 words)Essay
Let us find you another Essay on topic Australian Law Essay for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us