logo

LAW10003 Contract Law: Assignment

   

Added on  2020-03-13

11 Pages2506 Words395 Views
Running head: MIGRATION LAWMigration LawName of the studentName of the UniversityAuthors note

1MIGRATION LAWTable of ContentsIntroduction:...............................................................................................................................2Discussion:.................................................................................................................................2Terms of the contract:............................................................................................................2Decision of High Court:.........................................................................................................5Conclusion:................................................................................................................................8Reference:..................................................................................................................................9

2MIGRATION LAWIntroduction:The present case is based on the provision of the contract law that is dealing with thecontractual relationship made between two or more parties and prescribes certain rightsregarding the same1. In Australia, the contract law is consists of certain terms of the contract.There are provisions on the collateral contracts and certain principles are also depicted underthe Act2. The present case is based on the terms of the contract. In the present case, there hasbeen a provision regarding the implied terms of a contractual agreement that was madebetween the Con Stan Industries v. Norwich Winterthur Insurance (1986) 160 CLR 226regarding an insurance policy. Certain disputes between the two have been cropped up and itbecame necessary for the right interpretation of the grounds of the Contract Act. There areprovision regarding the relevant topics of the contract Act and the decisions of the HighCourt have been discussed. The method of classical understanding has also been discussedunder the case study. An attempt has been made regarding the proper functioning of theprovisions of the law has been briefly discussed. Discussion:Terms of the contract:The case regarding the Con-Stan Industries has been raised in the year 1986, whichwas filed before the High Court in Australia. The facts of the case are that Con Stanindustries appointed a broker who will be looked after the insurance policy taken by thecompany. On suggestion of the broker, the company had taken certain insurance policiesfrom one Norwich and an agreement regarding the insurance contract had been made in1Carter, John W., David J. Harland, and Kevin E. Lindgren.Contract law in Australia. MICHIE, 2016.2McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014.

3MIGRATION LAWbetween the parties. The agreement was consist of certain express and implied terms thatwere to be consented by both the parties. The dispute cropped up when the broker did not paythe amount that are given by Con Stan and went on liquidation. The insurance company fileda case before the Court of law and claimed the due amount from the company. The companyargued that they had already paid the amount to the broker and the broker had failed to paythe amount to the insurance company. Con Stan had also contended that there was an impliedterms of contract where there was mentioned that the company can pay the amount to thebroker and they are not liable to pay any additional amount to the insurance company3. Therefore, in this case, the term implied contract has been stated. There are two typesof contractual terms present in the agreement. The terms that are expressly mentioned in theagreement are known as express terms and the conditions that are not mentioned expressly isknown as implied contract. The implied terms are existed in the agreement with the consentof both the parties of the said agreement or contract. There are certain other criteria for theimplied terms4. If an agreement are of special types and the law itself mentioned certain rulesregarding the terms to be regarded as implied, the conditions will become implied in nature.In case of the implied terms that are based on the consent of the parties must fulfil certainprovision to become implied5. The provisions are as follows:The categories of the terms should be of reasonable in nature.3Richardson, Sue, Laurence Lester, and Guangyu Zhang. "Are casual and contract terms of employmenthazardous for mental health in Australia?."Journal of Industrial Relations54.5 (2012): 557-578.4Huang, Wei, et al. "Compact thermal modeling for temperature-aware design."Proceedings of the 41st annualDesign Automation Conference. ACM, 2004.5Jarzabek, Stan, and Riri Huang. "The case for user-centered CASE tools."Communications of the ACM41.8(2014): 93-99.

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Contract Law Assignment: Australian Contract Law
|10
|2779
|117

Business and Company Law
|8
|2400
|67

(solved) Assignment on Workplace Law
|5
|1105
|81

Assignment on Contract Law (pdf)
|5
|821
|202

Legal Institutions Assignment Solution
|10
|1823
|39

Business Law Assignment
|4
|683
|93