Australian commercial Law Assignment (PDF)
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Added on 2021-06-14
Australian commercial Law Assignment (PDF)
Added on 2021-06-14
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Australian Commercial Law1Australian Commercial Law
Australian Commercial Law2Answer 1Summary of the constitution: Proposal developed by elders of the tribe includes following points and these points are also incorporated in the constitution of the tribe which directly addresses the different issues faced by tribe:1.Decision related to any case must be done on the basis of previous rulings given by authority in the similar cases.2.Authority while taking the decision must ensure equality, which means decision taken by court for any individual or group, must be equal and free from partiality. 3.Provision related to change is also incorporated and as per this provision rules can be changed and modified. 4.Decisions taken by the authority of the tribe must be binding in nature, and for ensuring strict implementation of the decisions, authority introduce different regulations which include severe punishment in case of non-fulfillment of decision. 5.Levels in the jurisdiction of the tribe must be made for the purpose of providing appealing authorities, which means authority is divided in three parts and each party involves 5 members. Authority at initial level first decides the case and in case parties didnot agree with the decision then they can file appeal against the order on the 2nd level, andso on. Decision made by third level is final and no one can challenge the decision of the third level authority. 6.Decision of the case are based on the facts and strong evidence of the case, and comments and statements made by parties are cross verified. In case any party make falsestatement for getting favorable decision, then such person face severe consequences for the same. 7.Rulings and reasons on the basis of which decision is given by the authority is issued publically and copies of the same will provide to the parties of dispute. Hart’s part 3 legal systems- above stated proposal is clearly based on the three rules stated by hart and explanation regarding this is stated below1:1 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/
Australian Commercial Law3Rules of Recognition- this rule is considered as the foundation of the legal system. As stated by hart, legal system of the society is based on the rules and it is the most important rule on the basis of which other rules are derived. There are two types of rules in this that are primary rule and secondary rule. Primary rule stated the behavior of the person in the society and secondary defines the base through which primary are created. Tribe considers this rule in different points such as point 2 and 6 defines the behavior of person in society. Rules of Change- there must be rule which permits the change in the existing primary rule for the purpose of ensuring elimination and modification in the primary rule as per requirement. Point 3 and 5 recognize his rule. Rules of adjudication- both individuals and institutions have power to decide whether anyperson or group broke the primary rule, and it includes both procedure and person who is adjudicated. Tribe considers this rule while framing the constitution. Australian legal system and hart’s rule- legal system of Australia recognize all three rules of the hart’s theory that re rule of recognition, rule of change, and rule of adjudication. However, Australian legal also accepts the theory of other experts and use different theories including Hart’s theory to frame their legal system this can be understood through example, Australian legal system incorporate rule of recognition in their legal system and this can be seen at various places such as Parliament has power to frame laws and pass legislation in association with the other authorities2. Answer 2Issue:Whether it is possible for the Berry to challenge the validity of the contract in context of declarations made by the Angelo before entering into the contract?Rule:MIT24_235JS12_Hartrules.pdf>, Accessed on 1st May 2018.2 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.
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