Download Principles of Business Law (BLAW10001) H1 cheat sheet and more Study notes Law in PDF only on Docsity! Table of Contents Week One 4 Topic One: Organisation of Law 4 Legal vs non-legal rules 4 Who makes the law? 4 Legislatures 4 Australian Federal System 4 Courts 5 Categories of law 5 Business Law 6 Topic Two: Sources of Law - Legislation 6 Law-making bodies in Australia 6 How a bill becomes law 6 Identifying Legislation 7 Interpreting Legislation 7 The Presumptions 8 Week Two: Case Law 9 Basic Procedure 9 How do judges make law? 9 Precedent doctrine 9 Common-Law v Equity 9 Week 3: Contract Formation 10 Why are contracts important? 10 Objective approach 10 Executory/Bilateral vs Unilateral Contracts 10 Capacity to Contract 10 Formation Requirements 10 Privity of contract 11 Week Four: Terms of a Contract 12 Terms of a Contract 12 Freedom of Contract 12 Different Types of Contracts 12 Expressly agreed terms 12 Implied terms 13 Week Five: Terms of a Contract (continued), Performance and Breach 14 Terms implied by Statute 14 Performance & Breach 15 Discharge by performance 15 2 Breach of contract 15 Contractual Interpretation 15 Kinds of breaches 15 Performance of divisible contracts 15 Frustration 16 Week Six: Remedies for Breaches 17 Common Law remedies 17 Equitable remedies 18 Statutory remedies 18 Agreed remedies 18 Week Seven: Invalidating Contracts (vitiating factors) 19 Invalidating a transaction 19 Affirmation 19 Duress 19 Undue Influence 19 Unconscionable Dealing 20 Third-Party Unconscionability 20 Mistake 20 Misrepresentation 21 Illegality 21 Week 9: Australian Consumer Law 22 The need for Consumer Protection Laws (Statutory) 22 Section 18, Misleading Conduct 22 Section 20 & 21, Unconscionable Conduct 22 Unfair contract terms 23 Unfair business practices 24 Consumer Guarantees 24 Week Ten: Tort Law 26 Tort of Negligence 26 Week Eleven: Agency 28 Concept 28 Duties of the agent 29 Duties of the principal 29 Ending an agency relationship 29 3 ● Imposing liability for harm wrongfully caused ■ Contract law ● Allows for the creation and enforcement of legally binding rights and obligations ■ Agency ● Allows for the use of a representative to acquire or discharge legal rights ■ Consumer protection law ● Offers legal protections for consumers ■ Corporations law ● Governs the creation, organisation and administration of companies ■ Property law ● Recognises enforceable rights in land, things and intangible property Business Law ● Selected rules of law that are of particular relevance to business activities. Topic Two: Sources of Law - Legislation Law-making bodies in Australia ● Two major bodies with law-making powers ○ The courts ○ Legislature (parliament) and local government councils ● The majority comes from legislation How a bill becomes law Before the Bill ● Identify the need for a new law ● Political processes ○ Lobbying of the political parties ● Development of specific proposals Once the Bill is created ● Passed by the legislature ○ Both houses (if bicameral) ○ The house the Bill is introduced in is the House of Origin (usually Lower House) ○ The other house is the House of Review Procedure in the House of Origin ● Initiation 6 ○ Clerk lists the Bill for its first reading ● First Reading ○ Announced, the long title is readout ● Second Reading ○ Relevant Minister makes a speech ■ Releases an Explanatory Memorandum ○ Debate occurs ○ Voting ● Committee ○ Optional - a committee considers the bill ○ Typically for more contentious or complex Bills ● Third Reading ○ The title is read a third time Procedure in the House of Review Exactly the same as the House of Origin Two possible outcomes: ● Passed without amendments ● Amended -> sent back to the House of Origin, which accepts or rejects the amendments (using the same steps). From Bill to Act ● Royal assent ○ Approved through the Queen’s representative (Governor-General) ■ Bill becomes the law ● Publication ○ Published to the Government Gazette ● Commencement Identifying Legislation Interpreting Legislation How to ascertain the meaning of legislation if it is unclear 7