Australian Commercial Law - Doc
Added on 2021-05-27
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Australian Commercial Law1Australian Commercial Law
Australian Commercial Law2Table of ContentsAnswer to the question no-1.......................................................................................................................2Answer to question- 2.................................................................................................................................3Answer to question- 3.................................................................................................................................7BIBLIOGRAPHY.............................................................................................................................................9Website...................................................................................................................................................9Articles.....................................................................................................................................................9Case laws.....................................................................................................................................................9Statute.......................................................................................................................................................10
Australian Commercial Law3Answer to the question no-1Constitution summary In this study, proposal was developed by elders of the tribe which includes the several points thatare incorporated in the constitutions of the tribe. It addresses the several points and issues faced by tribes which are given as below. Previous rulingThe Decisions given should be related to the case set up on the basis of previous ruling of thesame case given by designated jurisdiction. It must be binding in nature and strengthen the implementation of the decisions andauthority regulations which might result to vigorous punishment if not met.There should be proper equality for the applicability of the decision given by thejurisdiction or authority. Provision and rules implemented could be changed as per the related laws and regulationimplemented.The entire issued jurisdiction should be binding in nature. There should be proper level of binding and should be based on different appeals in theappealing authorities.Each case will go through the different department and authority. For instance, if personis not satisfied with the jurisdiction one authority then it may go for the second appealingauthority for revision of case. After that, the decision given by the appealing authoritywill override the decision given by previous authority. All the decisions and jurisdiction passed by the government should be based on the clear,true and fair evidences. It should be free from all sorts of mistakes and falsified documentotherwise it may result to high amount of loss to the appealing party. The decisions of the one court will not contradict with the change in time and will besubject to 3 legal systems of Hart
Australian Commercial Law4There are 3 legal systems of Hart which is based on the three rules by hart and explained asbelow Rules of change- This rule focuses on the permit change in the existing rule for ensuring theeliminating and modification in the primary rule as per requirement. Rules of recognition- It provide the foundation of the legal system on which will the legal andsystematic laws will be undertaken. There are mainly two type of rules first is primary andsecond is secondary rules. The first one defines the behavior of person in society and second isrelated to providing the base for the primary rule. The tribe uses rules of recognition to formRules of adjudication- The rule of adjudication focuses on the individual and institutions whichhave power to decide whether the person or group of person broke the primary rules and includesthe entire person who is adjudicated. The tribe person considers these rules while farming andconstitutions. The Australian Legal system and hart’s rule- legal system of Australian recognizes all these threerules of the hart’s theory. The rules of recognition, rule of adjudication and rule of change. TheAustralian legal system accepts the theory of other experts and uses these different theoriesincluding the Hart’s theory to formulate the legal system. It has included all of its rules such asrules of recognition, rule of adjudication and rule of change in its legal system at various places.Nonetheless, the parliament has been using the power to frame laws and pass legislation in theassociation. Answer to question- 2Issue:Whether it is possible for the Berry to challenge the validity of the contract in context ofdeclarations made by the Angelo before entering into the contract?Rule:
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