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Exam (elaborations) BL-T124WSB-6 Concise Australian Commercial Law
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Class notes BL-T124WSB-6 Concise Australian Commercial Law
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Case BL-T124WSB-6 Concise Australian Commercial Law
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Class notes BL-T124WSB-6 Concise Australian Commercial Law
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1. Sources of law: sources of law in Australia do not include repealed statutes.Includes: 1. Consolidating statutes, 2. judge-made law, and 3. equity.
2. Some of the main features of the Electronic Transactions Act 1999 (Cth): are the
validity of electronic transactions, recognition of writing by electronic means, and
recognition of retaining information in electronic form.
3. The doctrine of precedent: With respect to a case being decided under the
appellate jurisdiction of the Country Court of Victory, a decision of the appellate
division of the District Court of New South Wales on the same Commonwealth
legislation is persuasive.
4. Extrinsic Materials: there is NOT an example of an extrinsic source of material is
The internet. An extrinsic source: 1. Law reform commission reports, 2.
Parliamentary Committee reports, and 3. Parliamentary Debates.
5. Simon and Stella, both of full legal capacity, agree to go on a date. Stella is to pay
for the dinner, but she is running late and does not meet Simon at all. Simon is
embarrassed and angry and calls Stella the next day to threaten to sue her for his
taxi fares and dinner expenses. Simon won’t succeed in his claim, because Simon
and Stella did not intend the agreement to create legally enforceable obligations.
6. The following statements about consideration is correct : Consideration need
not be adequate.
7. The rule of law: the concepts is closely related to the rule of law is The due
process. Not closely related: 1. Representative government, 2. a responsible
government, and 3. separation of powers.
8. In Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [[2016]] HCA 26 why
did the High Court disagree with the decision of the Victorian Court of Appeal in
finding there was no case for promissory estoppel:
a) The plaintiff could not establish that the statement that it would be “looked
after at renewal time” was capable of conveying to a reasonable person that it
,was a genuine offer of a further lease, and
b) There was a need for certainty as to what the parties had agreed on at the end
of the negotiations to find a claim for estoppel.
9. Delegated legislation: the following is not correct: Delegated legislation can only
be made by Government Ministers. Correct: 1. Delegated legislation is subordinate
legislation, 2. is made under the authority of an Act of Parliament, and 3. often
contains more detailed rules than those of the associated Act.
10. The following is not a way in which an offer can be terminated : Revocation
after acceptance has been mailed where the postal rule applies. True: Lapse,
revocation before acceptance, or lapse where no time was stipulated.
11. Section 51 powers: the following is not an area that the Commonwealth
Parliament has the power to legislate on under s51 of the Commonwealth
constitution is Education. Has power over 1. bankruptcy and insolvency, 2. foreign
corporations, and 3. banking and insurance.
12. Interpretation-extrinsic materials: In interpretation, extrinsic materials are
allowed to be referred to by a court.
13. Ratio decidendi: The ratio decidendi of a case is the reason given for deciding the case.
14. Illusory terms in a contract are problematic since they are vague or ambiguous
so they fail to create a legal obligation.
15. Native title: Native title was first recognised in the case of Mabo v State of
Queensland (No 2)(1992) 175 CLR 1.
16. Changing the Constitution: Section 128 of the Commonwealth Constitution
provides that the Constitution can be changed by referendum that requires a “yes”
vote by the majority of voters and in a majority of States.
17. The main legal issue in Felthouse v Bindley (1862) 11CB (NS) 869 was generally
,silence/ lack of action does not constitute acceptance of an offer.
18. Not a class of persons regarded by the law as wholly or partly incapable of entering into
legally binding contracts is Women.
19. Reporting obligations: a binding precedent is A decision of a court that brings
judges in a lower court in the same court hierarchy.
20. Separation of powers: not one of the three branches of the Commonwealth
government in Australia is The Governor. The three branches are 1. the executive,
2. the judiciary, and 3. the legislative.
21. Criminal offences: incorrect with respect to criminal offences is The committal
hearing is held before most summary offense matters. Correct. Criminal offenses
are indictable offenses are generally the more serious offenses, summary offenses
are determined by a magistrate without a jury, and the prosecution must prove its
case beyond a reasonable doubt.
22. Australian Constitution: the Act established the federal legal and political
system and converted the separate colonies into states is Commonwealth of
Australia Constitution Act 1900.
23. Public and private law: not classified as private law is Criminal law (public law).
Private law: 1. The law of contract, 2. the law of property, and 3. the corporations
law.
24. Farah agreed to take care of an elderly woman Marge and in return was
provided with a house to live in that was promised by Marge to be Farah’s after she
died. Farah cared for the woman for 23 years, but upon Marge’s death, Farah
discovered that their oral agreement was never put into writing. The woman’s son
moved into the house and Farah made a claim to the house. The court is likely to
apply the doctrine of part performance.
25. Andy promises Ellie $100 on her 21st birthday. If this promise was contained in
a simple contract, the legal position is that such a promise is never binding as it
must have consideration supplied by Ellie.
, 26. The High Court’s decision in Waltons Stores (Interstate) Ltd v Maher (1988) 164
CLR 387 is that they extended the doctrine of equitable estoppels such that it
applies even where there is no pre-existing contractual relationship between the
parties.
27. The statement about acceptance is false : Acceptance can be in any manner
chosen by the offeree. True: 1. Acceptance can be by telephone or email or
conduct, 2. acceptance must be unconditional, and 3. acceptance can only be made
by the person(s) to whom the offer was made.
28. Section 15AA of the Acts Interpretation Act 1901 (Cth) provides that the
purpose of the statute or its object should be preferred method of determining
the statute’s meaning.
29. Separation of powers: the statements about separation of powers in Australia
is correct : The executive is the body that administers the law.
30. Equitable remedies: the following is incorrect : Equitable remedies must be
awarded in a separate proceeding to common law remedies such as damages.
Correct: Equitable remedies are discretionary, and include specific performance,
and injunctions.
31. Civil and criminal law: the statement is not correct with respect to civil law is
The document filed by the defendant is called a writ. True: 1. The typical purpose
of a civil action is to obtain damages, 2. under civil law, one person may sue
another who has committed a wrongful act, and 3. interrogatories and discovery
are procedures that are available in civil proceedings.
32. Federal system: the statements is correct is Australia is a federal system, with
two legal systems for each citizen.
33. A contract dividing the proceeds of a cocaine importing venture that has no
technical defects and that is not overly harsh/unfair to either party is void.
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