Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian contract law remain in the global arena. The Australian public need greater stability and certainty from contract law, and codification is a step towards fulfilling that void by allowing citizens to be well equipped and educated on their rights and decisions. Certainty on the Commercial Front With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally. Knowledge is the definite basis of public happiness, meaning greater accessibility to a reformed or unified contract law from what already has been built at common law would mean that commercial dealings would have the confidence to be better informed with less reliance on legal advice. Ensuring that Australian contract law adapts a level of restatement, the commercia... ... middle of paper ... ...head?: Norms, freedom and acceptable terms in internet contracting’ (2010) 14 Journal of Internet Law 18-31 CASES Australian Competition and Consumer Commission v Allphones Retail Pty Ltd [2009] FCA 17 Australian Competition and Consumer Commission v Clarion Marketing Pty Ltd [2009] FCA 1441 Australian Competition and Consumer Commission v Jetplace Pty Ltd [2010] FCA 759 L’Estrange v F Graucob Ltd [1934] 2 KB 394 Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 Australian Competition and Consumer Commission v Chen (2003) 201 ALR 40 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1 LEGISLATION Electronic Contracts Act 1999 (Cth) Electronic Contracts Act 2000 (NSW) Minors (Property and Contracts) Act 1970 (NSW) Competition and Consumer Act 2010 (Cth)
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
Mallor, J. P., Barnes, A., Bowers, T., & Langvardt, A. W. (2010). Business Law: The Ethical, Global, and E-Commerce Environment (14th ed.). New York, NY: McGraw-Hill/Irwin.
Chesseman, Henry R. Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues. 8th ed. N.p.: Pearson Education, Inc. , 2016. Print.
Do you know what you’re giving away when you sign up for websites? Most internet users blindly accept Terms of Service (TOS) agreements when they create accounts. TOS agreements spell out the rules users must obey in order to use a web service. Additionally, important information regarding the rights of users and of the company is included in these TOS agreements. Such agreements are unavoidable by internet users; this unavoidability is precisely why these agreements are potentially dangerous to the rights of internet users. The implementation, language, and length of TOS agreements make them morally unacceptable.
Cheeseman, H. (2006). Contemporary business and online commerce law. 5th ed. Upper Saddle River, NJ: Pearson Prentice Hall.
Powell, M. K. (2004). Preserving Internet Freedom: Guiding Principles for the Industry. Journal on Telecommunications & High Technology Law, 3, 5-21.
Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort.
As the Internet has become more widely recognized and used by people all over the world, it has brought a new medium in which information can very easily be broadcast to everyone with access to it. In 1995 there was a projected 26 million Internet users, which has grown to almost 300 million today. One major problem with this is that everyone represents different countries and provinces which have different outtakes on certain types of freedom of speech as well as different laws about it. This proposes a new type of law that would need to be written in order to determine whether or not something is illegal on the Internet. A person in one country can express what they want to, but that expression may be illegal in another country and in this situation whose laws are to be followed? What I propose to do accomplish in this paper is to discuss the freedom of speech laws of the United States of America and those of France, China, and Canada. I will examine what about them is similar and what about them is different. The bringing of the Internet has brought many new types of businesses as well as ways in order to communicate with the world, but as with each new endeavor or invention, there needs to be a way in order to govern its use and policies. There must also be ways in order to punish those not following the new laws and policies of use, since that the country that the person is in may allow what they did, but it may not be allowed on the Internet or in a different country. In other words, there is the need for international laws governing the Internet.
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.
Cheeseman, H., (2013). Business law: legal environment, online commerce, business ethics, and international issues. (8th ed.), (pp. 168-205). New Jersey: Pearson Education.
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...
The principles do not lay down any of these criteria. The assumptions, however is that the concept of international contracts ought to be given the broadest p...
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.