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Class notes BL-T124WSB-6 Concise Australian Commercial Law
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Class notes BL-T124WSB-6 Concise Australian Commercial Law
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Exam (elaborations) BL-T124WSB-6 Concise Australian Commercial Law
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Sources of law: sources of law in Australia do not include repealed statutes. Includes: 1.Consolidating statutes, 2. judge-made law, and 3. equity.
Which are 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.
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.
Extrinsic Materials: Which of the following is NOT an example of an extrinsic source of material:
The internet. An extrinsic source: 1. Law reform commission reports, 2. Parliamentary
Committee reports, and 3. Parliamentary Debates.
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. Will Simon
succeed in his claim: No, because Simon and Stella did not intend the agreement to create
legally enforceable obligations.
Which of the following statements about consideration is correct: Consideration need not be
adequate.
The rule of law: Which of the following concepts is closely related to the rule of law: The due
process. Not closely related: 1. Representative government, 2. a responsible government, and 3.
separation of powers.
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.
Delegated legislation: Which of 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.
Which of 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.
Section 51 powers: Which of the following is not an area that the Commonwealth Parliament
has the power to legislate on under s51 of the Commonwealth constitution: Education. Has
power over 1. bankruptcy and insolvency, 2. foreign corporations, and 3. banking and insurance.
Interpretation-extrinsic materials: In interpretation, extrinsic materials are allowed to be
referred to by a court.
Ratio decidendi: The ratio decidendi of a case is the reason given for deciding the case.
,Illusory terms in a contract are problematic since they are vague or ambiguous so they fail to
create a legal obligation.
Native title: Native title was first recognised in the case of Mabo v State of Queensland (No
2)(1992) 175 CLR 1.
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.
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.
Which of the following is not a class of persons regarded by the law as wholly or partly
incapable of entering into legally binding contracts: Women.
Reporting obligations: What is a binding precedent: A decision of a court that brings judges in a
lower court in the same court hierarchy.
Separation of powers: Which of the following is not one of the three branches of the
Commonwealth government in Australia: The Governor. The three branches are 1. the
executive, 2. the judiciary, and 3. the legislative.
Criminal offences: Which of the following is incorrect with respect to criminal offences: 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.
Australian Constitution: Which Act established the federal legal and political system and
converted the separate colonies into states: Commonwealth of Australia Constitution Act
1900.
Public and private law: Which of the following is not classified as private law: Criminal law
(public law). Private law: 1. The law of contract, 2. the law of property, and 3. the corporations
law.
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.
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.
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.
Which of the following statements 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.
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.
, Separation of powers: Which of the following statements about separation of powers in
Australia is correct: The executive is the body that administers the law.
Equitable remedies: Which of 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.
Civil and criminal law: Which of the following is not correct with respect to civil law: 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.
Federal system: Which of the following statements is correct: Australia is a federal system, with
two legal systems for each citizen.
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.
If one party has threatened another party to enter into a contract, the element that is missing is
real/genuine consent.
Substantive and procedural law: Substantive law refers to actual rights under the law.
The Age of Majority Act 1977 (Vic) reduced the age for contractual capacity of a minor to 18.
Delegated legislation: An example of delegated legislation is the Corporations Regulations 2001
(Cth).
In which of the following types of agreements is there a presumption that parties intend to be
legally bound: A partnership between husband and wife.
Court hierarchy: Local or Magistrates Courts are the lowest courts in the state hierarchy.
Which of the following statements about bilateral and unilateral contracts is not correct: A
unilateral contract does not require consideration but simply a promise to perform an act if
sufficient. True: 1. More than 1 party is required for both bilateral and unilateral contracts, 2.
both parties are obliged to perform their promises in a bilateral contract, and 3. while only 1 of
the parties is obligated to perform an action in a unilateral contract.
Criminal proceedings: An indictable offense is a more serious criminal offense.
Law reports: Where are decisions of the High Court of Australia found only online: In the
Commonwealth Law Report.
Which of the following circumstances are likely to affect the consent of one or both parties to a
contract: Mistakes and duress and undue influence
Reception of English law in Australia: Which Latin phrase explained the rationale for applying
English laws to the new Colony of New South Wales: Terra Nullius.
With respect to revocation, which of the following statements is not correct: The offeror must
personally communicate the revocation to the offeree. True: 1. Revocation need not be in
words, 2. the offeree may accept the offer until such time as they become aware of the
revocation, and 3. where an offer has been made to the world at large, the revocation does not
need to be seen by everyone in order to be effective.
Sources of law: the two main types of law in Australia are statute law and judgment-made law.
In Ashton v Pratt (2015) NSWCA 12, what was the main reason for the court deciding that there
was no intention to create a legally binding contract: The verbal language of the agreement
greatly lacked detail from either party and did not indicate definite obligations.
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