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Author:   Michael Lambiris ,  Laura Griffin
Publisher:   Oxford University Press Australia
Imprint:   OUP Australia and New Zealand
ISBN:  

9780190304171

ISBN 10:   0190304170
Publication Date:   01 May 2015
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Diskette
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"1. Government and law in Australia1.1 Introduction1.2 The concept of law1.3 Law as a regulator of behaviour1.4 ""Law"" and ""justice""1.5 The classification and organisation of law1.6 The anatomy of law1.7 The development of Western European legal systems1.8 The establishment of the Australian Commonwealth, states and territories1.9 The structure of government in Australia1.10 The organs and powers of Australian governments1.11 Questions to consider2. Legislation2.1 Introduction2.2 The legislative powers of the Australian legislatures2.3 The legislative process in outline2.4 The structure of an Act2.5 Citing and finding legislation2.6 Interpreting legislation2.7 Applying legislation to resolve cases2.8 Questions to consider3. Case law3.1 Introduction3.2 Basic procedure in a court3.3 Law reports3.4 Information in law reports3.5 Citing and locating a law report3.6 The system of courts in Australia3.7 The doctrine of precedent3.8 Binding and persuasive precedents3.9 The ratio decidendi of a case3.10 The process of using case law3.11 Questions to consider4. Finding law on the internet4.1 Introduction4.2 Sources of law4.3 Electronic databases4.4 Finding Australian legislation and cases by name4.5 Using simple search terms to find legislation and cases4.6 Boolean searching4.7 Advanced techniques for searching4.8 Finding legal databases4.9 Questions to consider5. Making a contract5.1 Introduction5.2 The essential elements of contract formation5.3 Capacity to contract5.4 Privity of contract5.5 Equitable (promissory) estoppel5.6 Establishing the existence of a contract5.7 Questions to consider6. The contents of a contract6.1 Introduction6.2 Terms, opinions, puffery and representations6.3 Express and implied agreement to terms6.4 Proving the existence of agreed terms6.5 Terms imposed (implied) by law into all contracts6.6 Terms imposed (implied) by law to fill gaps in particular kinds of contracts6.7 Terms imposed (implied) by legislation regarding the quality of goods6.8 Determining the contents of a contract6.9 Questions to consider7. Performance and breach of contract7.1 Introduction7.2 Interpreting the terms of a contract7.3 Discharge of contractual obligations by performance7.4 Breach of contract7.5 Assessing the seriousness of a breach of contract7.6 The consequences of a breach of contract7.7 Risk and frustration7.8 Establishing a breach of contract7.9 Questions to consider8. Remedies for breach of contract8.1 Introduction8.2 Common law remedies8.3 Equitable remedies8.4 Statutory remedies8.5 Agreed remedies8.6 Choosing an available remedy for breach of contract8.7 Questions to consider9. Avoiding a legal transaction9.1 Introduction9.2 Duress9.3 Undue influence9.4 Unconscionable dealing9.5 Mistake9.6 Misrepresentation9.7 Illegal contracts9.8 Other circumstances9.9 Invalidating a legal transaction9.10 Questions to consider10. Consumer protection in Australia10.1 Introduction10.2 Protection against misleading conduct10.3 Protection against unconscionable conduct10.4 Protection against unfair terms in contracts10.5 Protection against unfair business practices10.6 Statutory guarantees in consumer transactions10.7 Unsolicited consumer agreements10.8 Safety standards10.9 Applying the Australian Consumer Law10.10 Questions to consider11. The law of agency11.1 Introduction11.2 Agency relationships11.3 Obtaining authority to act as an agent11.4 Ratification of unauthorised Acts11.5 An agent's duties to their principal11.6 A principal's duties to their agent11.7 An agent's contractual liability to third parties11.8 Acquisitions and dispositions of property by an agent11.9 A principal's liability for harm caused by their agent11.10 Agency by operation of law11.11 Termination of agency11.12 Appling the law of agency11.13 Questions to consider12. The scope of tort law12.1 Introduction12.2 Trespass to land12.3 Trespass to chattels12.4 Conversion12.5 Detinue12.6 Assault12.7 Battery12.8 False imprisionment12.9 Private nuisance12.10 Liability for animals12.11 Deceit12.12 Defamation12.13 Negligence12.14 Vicarious liability12.15 Estbalishing liability for Negligence12.16 Questions to consider13. The tort of Negligence13.1 Introduction13.2 The element of a duty of care13.3 The element of a breach of the duty of care13.4 The element of causation of harm13.5 Defences13.6 Determining the existence of Negligence13.7 Questions to consider14. Remedies in tort14.1 Introduction14.2 compensatory damages for personal injury14.3 Compensatory damages for wrongful death14.4 Compensatory damages for harm to property14.5 Non-compensatory damages14.6 Injunctions14.7 Restitution14.8 Other remedies14.9 Claiming damages in tort law14.10 Questions to consider15. Business organisations in Australia15.1 Introduction15.2 Sole traders15.3 Trusts15.4 Partnerships15.5 Joint ventures15.6 Companies15.7 Choosing a business organisation15.8 Questions to consider16. Selective legislative provisions16.1 Introduction16.2 Australian constitutions16.3 Communication by email16.4 Consumer protection16.5 Equitable rules of contract construction16.6 Frustrated contracts16.7 Interpretation of legislation16.8 Sale of goods16.9 Third party rights under insurance contracts16.10 Tort law"

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Michael Lambiris – Associate Professor and Reader at University of MelbourneLaura Griffin – Lecturer, Faculty of Business, Economics and Law, La Trobe University

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