Private Law and Civil Law: What is a Contract in Australian Law?

1672 Words4 Pages
bulb-icon

Recommended: Civil law versus criminal law

INTRODUCTION
According to the case study, Nathan had newly arrived in the country and holds a refugee visa. He wasn’t aware of what a contract is and the main general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract. Furthermore Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to understand clearly what he was offering to him. In order to reach the conclusion and sort out the legal issues the knowing of Australian legal system is must. The legal system of Australia consists of Sources that are parliament and Judges which is subdivded into federal or state and common law or equity.
 What is a contract Law ?{ Contract law is a branch of “Private Law” and “Civil Law” defining private law completely refers to the relationship between people and Public law is dealing with persons and organization. It distinguishes itself from Criminal Law as in contract there is compensation involve in essence of claim unlike the punishment for wrongdoing in Criminal Law. In a contract generally one party sues other party for compensation. The most important and relevant Legislation is trade practices Act1974 that are concerned in contractual matters. The legislation states some amount of monetary restriction in order to apply. It differs in different states for e.g. In NSW the amount is $75000 (District Court Act 1973ss 4 and 44(i)(d) and (e) ). But in South Australia its $40000 (Magistrates Court Act 1991 s8). } Damiel Khoury, Understanding...

... middle of paper ...

...sa, that will also help him to succeed more because if its country is in war with Australia then no Contract will apply to him, he will be considered as ‘enemy Alien’.
But he holds a refugee Visa and refugees need further assistance in order to live in the country. There are government design institutions and schools which help them to learn English and other facts about the country knowing about his Visa the Dubbios PTY LTD should not put Nathan in the contract. Keeping in mind all the facts Nathan can be entitled to remedies as well that can be Statutory remedies – The Trade practices Act . 
The trade practices Act 1974 has enacted remedies of a contractual kind both in respect of sellers’ liability and manufactures’ liability in respect of mis-statements and the quality, fitness and conformity of goods and services in respect of consumer transactions.

Show More
Related

  • The Effectiveness of the Law in Achieving Justice for Indigenous People

    3098 Words  | 7 Pages

    Australians by not clarifying it’s stance on it’s international obligations to Indigenous Australians or reflecting it’s international rhetoric and signature on UN conventions by implementing some in domestic law. This inadequacy in the development of Indigenous Peoples Land Rights in Australia has been declared by the Working Group on Indigenous Populations in July 1997, and highlights the Australian government policy regarding Indigenous Peoples Land Rights and may be argued as a denial of justice for Indigenous People by the Australian legal system. Australia can be said to be ineffective in achieving justice for Indigenous People due to it’s failure to recognise Indigenous Australians rights to land domestically by failing the Human Rights standards contained in international initiatives to which it is a signatory.

    Read More

  • Equuscorc Case Study

    1302 Words  | 3 Pages

    The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.

    Read More

  • Australia As A Global Citizen Essay

    779 Words  | 2 Pages

    One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by

    Read More

  • Al-Kateb Vs Godwin Case Study

    746 Words  | 2 Pages

    Parliament did not foresee that s 198 may not be complied with, therefore the Act should be interpreted considering fundamental rights and in compliance with Australia's international obligations regarding arbitrary detention.

    Read More

  • Persuasive Essay On Asylum Seekers

    1079 Words  | 3 Pages

    Although, asylum seekers and refugees are given a few options if they feel as though their rights are being breached, like they can apply to tribunals and courts to view their visa related decisions, they can also make a complaint to the Australian Human Rights Commission about their human rights being breached in immigration detention centres, yet they do not have control over who enters the country, the government is not obliged to comply with the recommendations that are made. Although the government has made few attempts to comply with the human rights obligations towards asylum seekers and refugees by introducing new policies and prioritising the safety of the children in these detention camps, there are currently still many breaches towards their rights that the government continues to adapt, therefore they are still constituting a breach of international law.

    Read More

  • Refugees In Australia Essay

    848 Words  | 2 Pages

    The conditions of Australia’s immigration detention policies have also been cause for concern for probable contraventions of Articles 7 and 10 of the ICCPR. Whilst in Sweden, asylum seekers are afforded free housing whilst their applications are being processed, Australia’s methods are much more callous. Under the Pacific Solution, maritime asylum seekers are sent to impoverished tropical islands with no monitoring by human rights organisations allowed (Hyndman and Mountz, 2008). The UNHCR criticised Australia’s offshore processing centres stating that “significant overcrowding, cramped living quarters, unhygienic conditions, little privacy and harsh tropical climate contribute to the poor conditions of… Nauru and Papua New Guinea” (Morales

    Read More

  • Leunig's Arguments Against Asylum Seekers

    708 Words  | 2 Pages

    The claim “Do unto others” expresses the aiding attitude of the nation to helping individuals in need, despite this the sign disputes that Australia has restrictions and frontiers to it’s morality. Leunig is articulating that Australia does attempt to take as many individuals abetting for assistance although is a degree of how many we can take in. The Operation Sovereign Borders policies purpose is to prevent asylum seekers to get to Australia by a boat, and to reject asylum seekers resettlement. Its policies include, sending boats back, the upsurge of offshore detention centres and giving temporary protection visas. The individual who designed this policy has argued that it’s responsible for offering refugees “the utmost human right” achievable. Further to this, Jim" former senior officer in the Australian Army has argued that the policy has is a success even when confronted with contradicting refugees who questioned him. In fact, Jane McAdam (2016) Refugee Law’s Professor at The Kaldor Centre, contended the unidentified of Australia’s dispensation facilities as terrible

    Read More

  • Literature Review On Asylum Seekers

    781 Words  | 2 Pages

    This report focuses on Australia’s treatment of asylum seekers and refugees, and whether mandatory detention leads to international law breaches. The AHRC argues that, although detention may be appropriate in some instances, the length of time and living conditions endured by asylum seekers currently in detention is cruel, inhuman and degrading. AHRC support this argument explaining offshore detentions are mandatory, provide no time limit for detainment and are refused the access to the legal system. This article is important to my role as a United Nations representative in my scenario (ten) as it illustrates the treatment endured by asylum seekers in detention centres and links this to international human rights violations. Additionally, this report provides recommendations on how to help manage this situation, which would be useful for my role to consider when investigating what previous changes have done to improve the

    Read More

  • The Pros And Cons Of Contract Law

    717 Words  | 2 Pages

    When it comes to contracts, there are certain elements or requirements, which need to be met in order for the contract to be valid. Defined, a contract is “an agreement that can be enforced in a court; formed by two or more parties who agree to perform or refrain from performing some act now or in the future” (Hollowell & Miller, 2014, p. 110). With contract law, there is the enforcement of promises made between two parties, even if made in private. Additionally if a promise is made, there is the possibility of the obligation falling into a moral liability rather than a legal liability. All in all, when it comes to business agreements, contract laws will apply to avoid any possible problems that may arise.

    Read More

  • Carlill v. Carbolic Smoke Ball Co.

    3134 Words  | 7 Pages

    HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]

    Read More

  • Difference Between Refugees And Refugees

    870 Words  | 2 Pages

    A preamble – including the definitions of ‘refugee’ and ‘asylum seeker’ in relation to Australian immigration policy

    Read More

  • Customary Law Australia

    922 Words  | 2 Pages

    In Australia, customary law is relating to the system and practises that are amidst aboriginal Australians. These laws have been refined over time from acknowledges moral normalities in Aboriginal societies. These set of laws exist to regulate human behaviour, command specific sanctions for dereliction and also to help connect the Aboriginal People with each other and the land. The knowledge of the customary laws is passed on orally from generation to generation and are not classified into a systemic code (could not be done easily if attempted). It is important to note that the Laws are not the same throughout all of Australia as between the different language groups dispersed across the country, they have different notions of customary law,

    Read More

  • Essay On Formation Of A Contract

    709 Words  | 2 Pages

    The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.

    Read More

  • The Role of Consideration in the English Law of Contract

    2235 Words  | 5 Pages

    Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.

    Read More

  • Essay On Contract Law

    2266 Words  | 5 Pages

    Minors: The Australian law restricts the entry of Minors in the formation of the contract. So any contract made with the person under the age of 18 will be considered as voidable contract. (Clarke, 2016)

    Read More

More about Private Law and Civil Law: What is a Contract in Australian Law?

Open Document