Australian commercial Law (PDF)

Added on - 31 May 2021

  • 8


  • 2287


  • 4


  • 0


Trusted by +2 million users,
1000+ happy students everyday
Showing pages 1 to 3 of 8 pages
AUSTRALIANCOMMERCIAL LAW(LAWS20058)Assignment IStudent Name[Pick the date]
PART AQuestion 1(b)The foreign legal system which would be analysed for the presence for Hart’s components of alegal system is India. Also, comparison with Australia is drawn and the result highlighted.Rule of RecognitionAccording to Hart, there need to be week defined source for legal authority so as to avoidambiguity in this regards. For the Indian legal system, there are essentially four main sources.One is the statute law which essentially comes into frame based on the laws enacted by therepresentatives of the people. Another is the constitution which outlines the broad legalframework as desired by the constitution framers. Besides, case law serves as an importantsource especially for the lower courts which need to follow the judicial precedents set by thehigher courts. Besides, certain laws based on custom and traditional values are also prevalent1.In comparison, Australia has also four main sources with three overlapping with that of India.The only different source law is common law which essentially is also adhered to in India asjudicial decisions tend to consider the common law owing to common British legacy. Thus bothcountries tend to have defined authority which acts as sources of law.Rule of ChangeLaws are not static and hence there needs to be a set procedure in relation to changing thelaws of the land. In India, the parliament is entrusted with enacting the laws and alsorepealing them. However, the constitution itself can also be amended so as to reflect thechanging realities. Further, in accordance with the constitution the powers with regards to lawmaking and repealing for the legislature at the states and centre has been well defined2.Owing to common British legacy of both countries, a similar well defined system is in placefor Australia also. Infact in Australia the due process in repealing and altering laws typically1Indian Government ,Source of Law(n.d.) <>2Sheela Rai,Hart's Concept of Law and the Indian Constitution(2012) <>1
also involves seeking suitable public option which is quite helpful. Thereby this element ofthe Hart’s legal system is adhered to by both India and Australia.Rule of AdjudicationAdditionally, it is imperative that a well-defined dispute resolution mechanism must be inplace to resolve the legal disputes. This is present in India in the form of an independent andcohesive judiciary system which has a hierarchical structure but tends to cover the span of thenation. Besides, disputes regarding the constitution interpretation are decided by the SupremeCourt as it is considered to be the interpreter. Besides, the judicial system, there areadditional mechanisms (for instance. Administrative tribunals) which also play an active rolein adjudication3.Australia also has a comparable system of courts along with other mechanism includingadministrative tribunals. The hierarchical structure is similar and well –defined. Thus, theAustralian court system provides an effective resolution mechanism for different disputes thatcan be resolved in an amicable and timely manner. Thereby, this aspect has also been satisfiedby both nations.Part BQuestion 2IssueThe issue is to offer a legal advice to Barry on the account of the contract enacted by Angelobased on the various representations under the common and statute law.LawMisrepresentation on the part of contractual parties is considered a key issue in the enactment ofan enforceable contract. Misrepresentation arises when false information is provided to the buyerin order to attract the party to enter into contractual relationship. Hence, in order to classify the3Ibid. 22
You’re reading a preview
Preview Documents

To View Complete Document

Click the button to download
Subscribe to our plans

Download This Document