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The ever expanding consumer population has found ways of redress according to legislation and general law in Australia. This was necessitated as a result of being disadvantaged by unfair and discriminatory practices by large conglomerates. This paper deals with the changes in the common law and statutory developments in trade practices based on the outcome of the dispute between Commercial Bank of Australia Ltd and Amadio (Case no: 151 CLR 447; 1983). This paper will also review the...
Offer and Acceptance must be established before an agreement or a contract can be said to have occurred. For two parties to reach an agreement one party must make a definite statement in specific terms and must be willing to be bound by those terms. Bulging Bellies Ltd the party making the offer is called the offeror and any member of the fitness club, the party to whom the offer addressed made is called the offeree.Revocation or termination of an offer or acceptance is possible if done in line...
Introduction Law has always played a key role in guiding mankind to initiate necessary order for handling conflicts and chaos in a peaceful and sustainable order of a society. Since ancient times, every society regardless of its size and power felt necessary to create certain rules and regulations for a stable and just order by notifying all individuals in the society of what they are allowed to do and what not.[1]In the same manner, in modern times, every state possesses a domestic legal...
When I enter the psychiatric ward; I heard that some one is crying and shouting; I was scarred at that time. I went there, and saw a patient who was saying “I don’t want to stay here, I need to go, my family has taken me here in mental ward but I am ok, I don’t have any disease. My family wanted to take away my property so they took me here”. This was my first experience to listen such type of statements in health setting. While interviewing I found that patient has...
Essential Features of a Valid Contract 2: Consideration; Intention to Create Legal Relations: and Certainty of Terms Summary Questions Essay Questions:Good consideration is a necessary component of simple contracts. With reference to case law, in what circumstances will part-payment of a debt establish good consideration?Indicative ContentIt is a general rule of contract law that part payment of a debt will not prevent the party owed money from later claiming the balance. This is even if he/she...
No doubt Technology has expanded the scope of communication globally, but will always be ahead of governing laws and regulations; such is the case of the internet. The internet has made life so much easier with the introduction of e-banking, e-shopping and e-learning among others, but has also posed great challenges most especially in the areas of e- security, e-contract, laying more emphasis in areas of unequal bargaining power of the parties involved, fairness in commercial practices, lack of...
Corporate governance is coherent with the philosophy and the practices of a free market and a democratic culture all over the world. It provides the ultimate prerogative and outright obligation to a board of directors whose onus of judgement-making is reciprocally courteous and participatory where nonpartisan and exterior perspectives are appreciated. The mechanism of corporate governance advocates that board maximizes shareholder value through fairness, accountability and transparency.The...
Islamic banking is flourishing in the world today. Malaysia is a leading country of it in the world. In Malaysia, there are various types of Islamic Banking products used. However, Salam has never been used as a mode of financing in the country, though it is utilized for sukuk or Islamic bond. Salam is an exceptional contract in Islamic law which has been legalized to facilitate the people, especially the poor famers. It has been stated here that Malaysia is an agricultural nation and farmers...
In Russell on Arbitration, Scott v Avery clause was explained as: “While parties cannot by contract oust the jurisdiction of the courts, they can agree that no right of action shall accrue in respect of any differences which may arise between them until such differences have been adjudicated upon by an arbitrator. Such a provision is often termed a Scott v. Avery clause.” All contracts made with The Grain And Feed Trade Association (GAFTA) - the only worldwide trade association -...
The following pages are set to probe assigned topic i.e. “Commercial Equality and Trade Liberalization”. I tried my level best to discuss the topic in a brief and comprehensive manner. At first place I opened the topic by furnishing general description of equality and then gave legal definition of the equality and finally stretched the chain of definitions to the main topic “commercial equality” with special reference to international law. Then I touched the second part...