Australian commercial Law Assignment (PDF)
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Added on 2021-06-17
Australian commercial Law Assignment (PDF)
Added on 2021-06-17
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Australian Commercial Law1Australian Commercial Law
Australian Commercial Law2Part A (Answer 1)This section of the paper discuss summary of the task 1. Firstly it discusses the proposal developed by the tribe elders for resolving different issues:Previous rulings of similar cases must be considered by the judges while deciding the cases which include similar facts and issue.Judges must make sure that they consider the principle of equality while taking their decision, which means when judges take their decision than such decision, must be free from partiality.Judges must incorporate such provisions in the court which can ensure modification and elimination of any rule. Nature of decisions taken by the judges of the tribe must be binding, and provision must be made for those who fail to implement the decisions taken by judges. Appealing authorities must be ensures by the tribe, so that if any party is not satisfied with the judge decision then they can appeal against that decision.Decision of any case must be taken after considering the facts and evidences of the case, and if any statement is made by the party and other person them it must be evaluated on the basis of evidences. It must be noted that above stated proposal is derived on the basis of the theory introduced by hart’s and in this theory hart’s consider three rules1:A rule of Recognition is defined as the base of any legal system and it is the rule which is used toderive other rules of the legal system. This rule includes two different types of rules that are primary rule and secondary rule. Primary rule is the rule which derives the person’s behavior andprimary rules are formed on the basis of secondary rules. This rule is also considered by the tribewhile framing their proposal for the constitution. Rules of change is the rule which allowed the changes and modifications in the primary rule, andthis rule also manage the changes and removal of the primary rule, and this rule is also recognizeby the tribe while framing their constitution. 1 OCW, Paper 1: An Analysis of Hart’s Theory of Primary and Secondary Rules, < https://ocw.mit.edu/courses/linguistics-and-philosophy/24-235j-philosophy-of-law-spring-2012/assignments/MIT24_235JS12_Hartrules.pdf>, Accessed on 1st May 2018.
Australian Commercial Law3Last rule is rule of adjudication under which hart stated that both individuals and institutions have power to decide the fact whether any rule made is broken by the person or not. Above stated proposal clearly show the reflection of this rule. It must be noted that legal system in Australia clearly reflect these three basic rules of hart, but complete legal system is not based on this theory. In other words, legislatures also adopt the theory derived by other experts. Parliament of Australia is considered as best example for this because is the body which frame laws but before framing these laws they take the permission from other authorities2. Part B (Answer 2)Issue: Whether Barry has any right to take action against the contract’s validity in lieu of pre-contractual statements made by Angelo for inducing to Barry to enter into the contract?Rule: Terms of the contract are the most important part of the contract law and this is the area which actually classified the rights and duties of the parties related to the contract. Both pre-contractual statements of the parties and post contractual conduct while considering their rights and obligations under the contract, and breach of any of these terms lead to non-contractual rights and obligations3. This can be understood through case law in which different rulings were stated by Lord Denning:If any party made any representation before entering into the contract and such representation is made for inducing the other party of the contract to enter into contract, then it was considered as relevant proof to decide that such representation was warranty under the contract and false representation were considered as breach of warranty (Oscar Chess Ltd v Williams and Dick Bentley Products Ltd v Harold Smith (Motors) Ltd4).In case parties made any statements which are false in nature to the other party before entering inthe contract and that other party rely on these statements for entering in the agreement then party who made false statements breach section 18 under Competition and consumer Act 2010. As 2 Lumb, R, fundamental law and the processes of Constitutional change in Australia, < http://classic.austlii.edu.au/au/journals/FedLawRw/1978/12.pdf>, Accessed on 1st May 2018. 3 ACL, Terms, < https://www.australiancontractlaw.com/law/scope-terms.html>, accessed on 2nd May 2018. 4 Oscar Chess Ltd v Williams and Dick Bentley Products Ltd v Harold Smith (Motors) Ltd.
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