Globalisation
...legal system.
1788 Australia was called terra nullius (empty/uncivilized land.)
1992 High court Mabo v Queensland no 2
Aboriginal claiming back land
British claimed no existent legal system.
Def. Legal system:
- Coherent group
- Structure
- Separate system of government
International definition
Parliament/Court makes law
Police enforces law
Sources of law: parliament statue law
By judge common law
FIVE SOURCES- p.5
- Custom: set of rules to which whole community obeys
- Common law: main source of law, law from decisions of judges in court.
Based on precedent. = equity chancery
- Statue law: written law made by parliament
= delegated legislation
CLASSIFICATION OF LAWS
1. International law national law domestic law municipal law
SEPARATION OF POWER
Federal government concurrent law State law
(May lead to conflict/inconsistency of law)
2. Public law (man vs. man) - Private law (man vs. man)
3. Criminal law - Civil law
4. Substantive law - Procedural law
CHAPTER FIVE – FORMATION OF A CONTRACT
Agreement Contract
Not legally binding Legally binding
Most important legislation: TRADE PRACTICES ACT (TPA) 1974
- prohibits misleading or deceptive conduct
Making a valid contract requires six prerequisites
1. Intention to create legal relations
2. Agreement
3. Consideration
4. Legal capacity
5. Genuine consent
6. Legality of objects
A contract may be:
- Simple contract; straightforward
- Formal contract; signed, sealed and delivered with a deed.
- Bilateral; Paint my room? Ok.
- Unilateral; accept by doing something
Must a contract be in writing?
Not always. Must be considered with reference to the operation of the Parol Evidence Rule.
PAROL EVIDENCE RULE
Parol evidence is unable to vary, contradict, and add/subtract from the words in a written document. If...
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