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This chapter explores two key concepts in contract law. First, it identifies the parties to a contract and the rules that help in that process. In particular, the doctrines of privity and agency, which assist with determining who incurs rights and obligations under a contract, are discussed. Second, the chapter considers the terms of a contract, including how to identify, incorporate and interpret them. Specific attention is paid to the various types of contract terms and how they should be interpreted.
This chapter examines the law of sale of goods. The statutory regime across the states and territories is explained before the specific concept of contracts for the sale of goods is discussed. The chapter then considers the various implied terms that become a part of such contracts and the consequences for violation of these terms. A brief discussion of the various rules pertaining to delivery follows, before the chapter concludes with an outline of the various remedies available to aggrieved parties when sale of goods contracts are breached.
Australian businesses operate within a complex legal environment, so it's important students and professionals understand their legal obligations. Contemporary Australian Business Law is an authoritative text that makes key legal concepts accessible to business students, while maintaining academic rigour. Written for business students new to studying business law, this text introduces the fundamental legal topics encountered in business, including contracts, business structures, taxation, property and employment. Discussion in each chapter strikes a balance between accessibility and detail to assist understanding of these complex legal issues. A hypothetical scenario running through each chapter scaffolds learning and provides relevant real-world examples of the law in practice. Each chapter includes margin definitions, case boxes that guide students through landmark business law cases, and practice problems that test students' ability to apply their knowledge to realistic situations. Written by experts, Contemporary Australian Business Law is an essential introduction to the Australian legal system for business students.
This chapter explores the legal framework governing consumer dealings and competition in the Australian market. It focuses on the laws that concern how businesses interact with consumers, especially when selling them consumer goods, services or land. It also addresses consumer rights with respect to goods that fall short of expected standards of quality and performance, and explains what happens when businesses engage in anti-competitive behaviour.
This chapter considers how someone can incur civil liability for their misconduct (whether intentional or otherwise) in a business setting. In particular, the tort of negligence, which concerns civil wrongs involving a failure to fulfil a duty of care owed to others, is discussed in depth. The chapter explains how a duty of care generally arises and can be breached in a variety of common commercial contexts. It also explains how another party might end up assuming responsibility for any physical or mental injuries or financial losses that occur. Other scenarios involving civil liability in business, such as where someone acts recklessly leading to another person being injured or killed, are also addressed.
Insurance is a concept most people are familiar with. The majority of us insure at least one item of property that we own, such as our home and our car. Some of us also insure our health, the trips we take, or even our own lives. The idea of insurance is to transfer the risk of something bad happening to ourselves or our property to somebody else (the insurer). In this chapter, we will first discuss the general concept of insurance before looking at the relevant regulatory framework. The chapter then discusses the various features of an insurance contract before explaining the process for making such a contract. The key duties of utmost good faith and disclosure are then examined, followed by the principle of misrepresentation and the effects it has on an insurance contract. Finally, the chapter considers the basic principles of interpretation that apply to insurance contracts, along with the remedies available to the parties when things go wrong.
This chapter examines the system for creation and enforcement of security interests over personal property. It considers the operation of the Personal Property Securities Act 2009 (Cth) (PPSA), examining: (1) the Act’s purpose and overall design; (2) the definition of security interests; (3) the kinds of security interests it governs; (4) what constitutes the taking of good security – including explanation of the concepts of attachment and perfection of interests; (5) the extinguishment rules; (6) the fate of certain proprietary interests, such as fixed and floating charges under the Act; and (7) the principles and rules of priority of interests as they operate under the Act. The chapter also examines how the Act approaches the recognition of a security interest as a matter of substance rather than form. Emerging PPSA law cases are referred to where appropriate.
This chapter examines the topic of bailments. It sets out the basic concept of a bailment and the required factors that must be in place for a bailment relationship to exist. The chapter then examines sub-bailments, the categories of bailment, the duties common to all bailments, and the relationship between bailment and other legal categories. The issues pertaining to bailments and the Personal Property Securities Act 2009 (Cth) are discussed in .
This chapter addresses the topic of personal property. It first addresses the fundamental notion of property. It then explores how the scope of personal property has become more expansive as novel challenges to existing notions of property have arisen over time. The chapter considers the important distinction between real property and personal property. Sub-classifications of personal property are considered, including the distinction between chattels real and personal, choses in action and choses in possession. The chapter explores various types of possession and interference with possession giving rise to actions for trespass, conversion and detinue. The chapter concludes with a discussion of how the nature of personal property rights can be lost through intermixture, accession or by becoming a fixture.
Fully revised and updated, Australian Commercial Law offers a comprehensive, accessible introduction to key aspects of Australian commercial law. Part 1 introduces the fundamentals of contract law and business structures before examining the sale of goods, agency, bailment and personal property. Part 2 covers the Australian Consumer Law, focusing on areas important to commercial entities that interact with consumers. Part 3 examines international commercial law, providing a detailed introduction to the World Trade Organization and to agreements central to trade between countries. The second edition includes: detailed discussion of key concepts in commercial law; four new chapters on contract law basics, business structures, bankruptcy and international commercial law; thorough integration of digital and e-commerce transactions; and end-of-chapter discussion questions designed to test reader knowledge of key points and themes. Written in a clear and concise style by an expert author team, Australian Commercial Law is an indispensable resource for students seeking a comprehensive understanding of commercial law.