Australian Commercial Law, Criminal Justice System, Lease Agreement, Misrepresentation in Blogging, Contract Law

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Australian Commercial Law

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Part A
A South African tribe has developed a new constitution which applies to all tribe members
and provides them various rights. The constitution focuses on reducing the rate of violence
between tribe members by imposing penalties on the tribe members who use violence
against other members. The purpose of this constitution is to establish a formal process in
which the tribe members who use violence are punished for their actions. The members
who use violence against other members are imprisoned as per the provisions gave under
the constitution. They have to serve a sentence as per the gravity for their actions. They also
have to pay damages to the tribe member who suffered loss due to use of violence. The
constitution and its provisions comply with Hart’s three-part legal system. Firstly, the
regulations of the constitution are clearly established in which there is no place of
ambiguity, and they are recognised by every tribe member as per the rules of recognition1.
These regulations can also be changed and amend by the parties as per the circumstances,
and new provisions can be added in the constitution as well based on the principle of rules
of change. Lastly, the procedure of adjudicating a case is clearly given in the constitution,
and proper authority is given to hold a trial in which the person is punished if he/she found
guilty as per the principle of rules of adjudication. The purpose of developing this
constitution is to remove the informality from the process of holding tribe members liable
for their actions and defining clear charges which imposed on them if they use violence
against other members. It assists in providing proper punishment to tribe members which
result in reducing the use of violence in the tribe.
1 HLA Hart, Herbert Lionel Adolphus Hart and Leslie Green, The Concept of Law (Oxford University Press, 2012).

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Part B
A criminal justice system has established in Nepal which is governed by its constitution
which provides provisions regarding holding people liable for their criminal actions. The law
upheld factors such as equality in the justice system along with fair and impartial
investigations in criminal matters. The Criminal Code Bill2 established in Nepal focuses on
punishing individuals for serious crimes. The penalties imposed by the court for criminal acts
include imprisonment as per the type of crime, discharge, payment of damages to the
aggrieved parties and life imprisonment3. The criminal legal system in Nepal complies with
the principles of Hart’s three-part legal system. The regulations given in the act are clear and
unambiguous, and they apply to all individuals according to rules of recognition principle.
According to the rules of change, the procedure of changing, amending, removing or adding
these provisions is given in the constitution of the country as well.
The rules of adjudication principle are present as well because the act provides authorities
to different courts to entertain criminal matters. Furthermore, the procedure of
adjudication is defined as well, for example, the judicial procedure begins only after
submission of the charge sheet in the court. The legal system of Nepal has many similarities
to the Australian Legal System. The key penalties for criminal actions are given under the
Criminal Act4 and the Criminal Code Act5 which include imprisonment, discharge, payment of
damages and life imprisonment. The legal system in Australia complies with Hart’s three-
part legal system as well. The rules are clear and unambiguous and apply over everyone and
the procedure for change in given as well along with the process of adjudication.
2 Criminal Code Bill 2014
3 ICJ, Serious Crimes in Nepal’s Criminal Code Bill, 2014 (2017) ICJ <
https://www.icj.org/wp-content/uploads/2017/03/Nepal-Serious-Crimes-Bill-Advocacy-Analysis-Brief-2017-
ENG.pdf>.
4 Criminal Act 1914
5 Criminal Code Act 1995

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Part C
Issue
Key issue:
Whether the landlord has the right to terminate a lease agreement in case the tenant does
not pay the rent?
Rule
The lease agreement is similar to a commercial agreement based on which the parties have
the right to terminate the contract based on breach of an essential term6. The payment of
rent in a lease agreement is considered as an essential term. The amount of rent is
considered as the consideration of the contract. In case this essential term is not fulfilled by
the parties, then the landlord has the right to terminate the contract. Moreover, if a deed or
agreement is formed between the landlord and the tenant based on the lease agreement,
then the landlord can demand the loss of bargain if any essential term of such deed is
violated by the parties.
Application
Gumland Property Holdings Pty Ltd. V Duffy Bros Fruit Market (Campbelltown) Pty Ltd7 is a
relevant case in the Australia law because it provided that the lease agreement is
considered as any other commercial contract. Based on this fact, if an essential term of the
contract is violated by the party, then the contract can be rescinded. In this case, Transit
Management Pty Ltd (Transit) leased its property for a period of 15 years to Duffy Bros Fruit
Market (Campbelltown) Pty Limited (Duffy)8. Later, both parties signed a deed to sub-let the
property because Duffy finds it difficult to afford the rent of the property alone. The
property was sold by Transit to Gumland Property Holdings Pty Ltd (Gumland) along with all
the rights of the lease in 2001. In 2002, the sub-lease of the property expired; however, the
sub-tenant did not want to extend the lease agreement. Thus, the sub-tenant started to pay
only half rent for the property without evacuating the leased property. Gumland sent a
6 Clive Turner, John Trone and Roger Gamble, Concise Australian Commercial Law (Thomson Reuters, 2017).
7 (2008) 234 CLR 237
8 Jade, Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited (2011)
Jade < https://www.jade.io/article/61095>.