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Legt1707 Notes Essay

5470 words - 22 pages

Nature of Law
Sources of law:
1. Statute law laws crated by State and Federal Parliament
2. Common law courts and judiciary system
3. Equity expands remedies beyond monetary compensation
Classification of law:
* International v domestic
* Public v private
* Substantive (rights and duties under the law) v procedural (rules of evidence and conduct)
* Common (parliament and courts) v civil (legal code)
* Civil actions v criminal actions
Origins of Australian Law:
* 1865 Colonial Laws Validity Act NSW (AUS) can pass own laws as long as they don’t conflict with England laws
* 1901 Federation 6 separate states become 1 Government
* 1931 Statute of ...view middle of the document...

Superior courts unlimited original jurisdiction but only hear most serious cases (Supreme courts, Family court of Aust, Federal court of Aus)
4. Specialist courts specialist courts
Federal court systems:
1. Federal magistrates courts presided over by magistrate
2. Family court matrimonial matters
3. Federal court of Aus bankruptcy, trade practices, taxation
4. High court final court of appeal
The parties:
* Defendant defending a civil action
* Plaintiff starts civil action
* Appellant appeals against a previous decision
* Respondent party who was successful in original action
* Crown represents the state in matters
* Accused criminal action is being brought to by the state
The Doctrine of Precedent:
The court is bound to follow previous decision of a higher court in the same hierarchy.
* Binding precedent when the court which made the precedent is in the same hierarchy AND is a court of higher authority
* Persuasive precedent decided by court on same level of hierarchy; seriously considers the precedent but may not be followed
Contracts:
Intention:
There must be evidence that the parties intended to make a legally enforceable contract.
Implied intention:
* Domestic, social or voluntary agreements presumed no intention
BALFOUR V BALFOUR husband and wife living together at time of agreement, no intention
MERRITT V MERRITT husband and wife separated at the time of agreement, intention may exist
* Commercial or business agreements presumed intention
ROSE AND FRANK COMPANY V JR CROMPTON AND BROS LTD not entered into a formal agreement, only an honorable pledge
Expressly no intention
‘Subject to contract’ clause intention only when contracts happen
Offer:
* Meeting of minds
* Firm promise
* Communication of offer
CARLILL V CARBOLIC SMOKE BALL CO had the intention to create legal relations as they deposited 1,000 pounds into an account for that purpose
Invitation to treat:
An offer to consider offers and cannot create an agreement
PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTS CASH CHEMISTS no offer made until the customer made an offer at the checkout; only an invitation to treat when taken off the shelf.
Counter offers:
HYDE V WRENCH no contract as P had rejected initial offer
Acceptance:
* Must be made in response to offer
* Must be communicated; words or conduct
BROGDEN V METROPOLITAN RAILWAY COMPANY acceptance inferred by conduct
FELTHOUSE V BINDLEY silence not acceptable
* Must be absolute and unconditional
* Conditional assent is not acceptance
* Acceptance must be clear and certain
Consideration:
What the promisor gives in exchange for the return promise; essential to the validity of a contract
* Must not be past
* Must have value but need not be adequate
* Must be sufficient (have some legal value)
* Must be possible of performance
* Must be definite
* Must be legal
* Must be referable to other...

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