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Class notes BL-T124WSB-6 Concise Australian Commercial Law

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Institution
Module

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I. Chap 1: Introduction to Australian law - Chi tiết & hệ thống luật pháp Úc trong file
note tóm tắt lý thuyết và sách.
1. Definition
- The law is a body of enforceable rules, made and is enforceable by the state (the
parliaments and the courts).
- Commercial law: contract, corporations, consumer, tort, product liability,
partnership, agency law (made by the state and is enforceable by the
state-backed sanctions).
- 2 important factors that set the law apart from other rules:
+ Are made by the state
+ Laws have state-backed enforcement apparatus (lập pháp), procedures
(hành pháp), sanctions (tư pháp) depending on the matter is civil, criminal
or administrative.


2. Functions

,- Regulatory function (điều chỉnh hành vi công dân): inform what we may do, if do,
what we should do, and what shouldn’t
- Dispute resolution function (chức năng giải quyết tranh chấp):
+ Is to provide the means to solve dispute: ensuring
+ Laws are clear and accessible
- Maintaining stability and social cohesion (duy trì sự ổn định và gắn kết xã hội):
+ Community respects: fair and proper process.
+ Commercial activity: fair, stable, predictable
+ If change: in an open, predictable, consistent manner.
- Reinforcing community values (củng cố giá trị cộng đồng): peace, order, social
cohesion: bảo vệ thiểu số khỏi sự chuyên chế của số đông.
- Promoting equality before the law and uphold the rule of law (phát huy sự bình
đẳng trước pháp luật và đề cao nhà nước pháp quyền): the key ideals of liberal
democratic countries (Aus)


3. Rule of law - Magna Carta Institute _ rule of law principle
● Rule of law - sự thống trị của pháp luật: 2 points
- the people (including the government) should be ruled by the law and
obey it
- the law should be such that people will be able (and willing) to be guided
by it.
● Magna Carta Institute - mở rộng từ 2 điểm trên:

,- The separation of powers between the legislature, the executive and the
judiciary, (sự phân chia quyền lực giữa lập pháp, hành pháp và tư pháp)


- The law is made by representatives of the people in an open and
transparent way; (được làm ra từ đại diện của công dân 1 cách công khai
và trong sạch)


- The law and its administration is subject to open and free criticism by the
people who may assemble without fear; (chịu sự chỉ trích công khai từ
người dân)


- The law is applied equally and fairly so that no one is above the law; (được
áp dụng bình đẳng và công khai)


- The law is capable of being known to everyone, so that everyone can
comply; (được biết bởi mn)


- No one is subject to any action by any government agency other than in
accordance with the law; (cơ quan chính phủ k hành động ngoài quy định)


- The judicial system (hệ thống tư pháp) is independent, impartial, open
and transparent and provides a fair and prompt trial;


- All people are presumed innocent until proven guilty and are entitled to
remain silent and are not required to incriminate themselves;


- No one can be prosecuted for any offense not known to the law when
committed; (k ai bị truy tố khi hành vi phạm tội chưa được nêu trong pháp
luật)


- No one is subject adversely to a retrospective (thay đổi trong quá khứ)
change of the law.

, ● Rule of law to commercial life: vì mục đích chung là creating and seeking for
profit → without rule of law: people seek profit with any means → rule of law:
protect the weak group of people (commercial life) & control the strong group of
people.

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Institution
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Uploaded on
May 10, 2024
Number of pages
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Written in
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Thanh binh
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