Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss‚ damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011) There are different categories of negligence and the one concerning the above mentioned cases is Pure Economic Loss. A claim for ‘pure’
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Introduction: The question of whether contract law can absorb technological change without the need for distinctive guidelines‚ presuppositions or similar rules is highly dependent on the effects of the amendments to the Electronic Transactions Act 2000 (NSW) (“ETA”). The impact of the ETA on traditional common law principles varies depending on the level of certainty and predictability available in the circumstances and how the law applies. The suitable amount of consistency is likely to vary
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Rocky Gagnon has a vision and goal that he wants to achieve. He wants to build up to 18 houses every year from beginning to the end. But in order to achieve this goal he needs other contractors in order to make this vision come true. He already has team that he wants to use. His problem is that each contractor has their own job to do and they have to finish on time and clean up after themselves in order for the other team to come and their part. Rocky is afraid that the projects would not be done
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Asylum case Columbia v Peru ICJ‚ 1950 Principle: In order to get the validity of international customary law it has to satisfy the material test. That is the practice must be uniform and consistently. Fact of the case: Victor Raul Haya de la Torre was a Peruvian national. In Oct 3rd‚ 1948 one military rebellion broke out in Peru which is organized and directed by the American People’s Revolutionary Alliance led by Haya de la Torre. The rebellion was unsuccessful. The Peruvian Government issued
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Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without a reserve Tendering
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wCASE LAW * STILK v MYRICK (Law Of Contract: Rules of Consideration-m/s 18) Facts: the captain of a ship promises his crew that if they shared between them the work of two seamen who had deserted‚ the wages of the deserters would be shared out between them. Held: the promise was not binding because the seamen gave no consideration. They were already contractually bound to do any extra work to complete the voyage. * HEARTLEY v PONSONBY (Law Of Contract: Rules of Consideration-m/s 18) Facts:
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Classification of Contracts (7 – 1.30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise – one promise for another (a promisee’s promise in return for the promisor’s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108‚ Lord Diplock Unilateral Contract: A one way
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Legal Issues: Does Josie have a contract of employment? Under Australian common law‚ is there any common law duty owed to Josie? Principles of Law: 2.1. Independent Contractor An independent contractor is somebody who is independently employed and gives services to customers (Victoria‚ 2006). The independent contractor laws protects authentic independent contractor from unfair contracts and protect particular assurances for outworkers and proprietor drivers (Government‚ n.d.). The principal is
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The case we were provided with was Abu V. Shell Company. In this case Abu and Shell company signed a contract of 10 years on the basis of the statement by Shell company experts that the station would be able to sell 900 000 liters of petrol per year. The approximate amount was provided on the basis of being direct access to the service station from Main street. A decision made by the local council announced that there would be a change in the traffic dierect access ‚ Shell company continued the contract
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CONTRACT LAW- EXAM NOTES What is a contract? An oral or written agreement between two or more parties which is enforceable by law. This agreement ‘will be legally binding if certain criteria are met – briefly‚ they require that there be an agreement (comprising an offer and acceptance)‚ consideration‚ intention to create legal relations‚ compliance with any formalities required by law and that the parties have the legal capacity to contract’1 What is the purpose of contract law
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