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A Case of Misrepresentation under Australian Law

if the misrepresentation was material to the contract, and whether it was meant to be an inducement to the contract, it also needs...

Insurance Contract Law and the Concepts of Misrepresentation and Non-Disclosure

Marine Insurance Act 1909 was effectually a word for word copy of the English Marine Insurance Act 1906, in addition to this the n...

Contract Law Mistakes and Fraudulent Misrepresentation Case Study

Partridge v Crittenden [1968] 1 WLR 1204 will apply, and as such the advertisement is only an invitation to treat, as offering for...

Australian Courts and Statutory Interpretation

are not necessarily the same words (or meanings) and as a result, the photographer can argue that the purpose of the import was no...

Medical Law

In order to determine whether or not the consent form signed is valid we need to consider the concept of informed consent. The con...

Contesting a Will on Grounds of Mental Capacity

the family home, where Jill still resided, $150,000 in bank deposits as well as some antiques and personal chattels to her grandch...

A Contract Law Case Study - David Lynch and the Melbourne Recital Group

The writer uses a case study supplied by the student to demonstrate the application of common law to an Australian contract case....

Directors Duties in Australia - The Influence of the Centro Case

and the Centro Retail Group. In the former $1.5 billion of liabilities which should have been classified as short term liabilities...

Australia and Euthansia

In five pages euthanasia is examined regarding its Australian legal status with a discussion of a nonprosecuted 'assisted death' c...

What is a Business Under Australian Tax Law - The cases of Ferguson and Stone

had to deal with in this case was firstly whether the naval officer was undertaking a business, and secondly if this was a busines...

Australia's International Arbitration Law and Commercial Arbitration Law

and Enforcement of Foreign Arbitral Wars (the New York Convention), the UNCITRAL Model Law and the Convention on the Settlement of...

Misrepresentation and UK Law

are three separate elements that we can apply to this case. The first part of this definition is that there need to be an unambi...

A Case Study of Misrepresentation in UK Law

to be a contractual term, and as we are limited in space we will look to the perspective that these are still mere representation...

Mistakes in United Kingdom's Common Law

the case given that this is a matter of common mistake (McKendrick, 2000). In this case the agreement can be seen as fulfilling t...

Shadow and De Facto Directors

behaves, not just the directors or the officers of a company. Individuals that are not on the board may still be at...

Can An Action for Defamation Restore a Damaged Reputation?

approach as seen under common law approach. The problem with the approach is that whatever is done how can a court action...

The Case of Demagogue Pty Ltd And Nicholas Ramensky and Gisela Elizabeth Ramensky

the loss or damage and that there are various orders a court can make to achieve this end. Section 82 can be compared to section...

Issues in Australian Law

The second basis of the appeal was that evidence of an alibi had been excluded by the initial trial judge under s.150 of the Crimi...

The Increase in the Minimum Debt for Personal Bankruptcy in Australia

bankruptcy may be made. This may be seen as a change that has helped to bring the law up to date which may be seen by looking at t...

Two Contract Law Cases from Australia

to identify if and where the offer and acceptance may have taken place. Anton placed an advertisement, for the call from John to b...

Studies in Contract Case Law

In twelve pages four cases involving contract law are analyzed in terms of contractual issues and legal definitions....

Trade Practices Act 1974 Australian Law Case Study

this to be held the transaction must be seen as being akin to trade and commerce. Normally the sale of a property may be seen as e...

Australian Case Law and 2002's MIMA v. Bhardwai

stated: There is, in our view, no reason in principle why the general law should treat administrative decisions involving jurisdi...

Australian Case Study on Employment Law

of the employee or worker having and injury for which compensation is payable. Mary has suffered a laceration her hand. However, ...

The Case of Campagnola V. Mulholland, Minion & Roe and Its’ Relevance Within The Legal System

included the presence of the contingency fee; that the firm would receive one third of any money recovered to compensate her for h...

Asserting a Claim under Contract Law - Australian Case Study

possible. However for as contract to be valid there also need to be both consideration and an intention to create legal relations...

Potential Cases for Tortuous Action Under Australian Law

to provide a route to gain relief for damages received and costs incurred, at the same time as acting as a deterrent to others. Un...

Cases in Australian Tort Law

The main aim of tort law is to provide a route to gain relief for damages received and costs incurred, at the same time as acting ...

Australian Public Disturbance Case

as this deal with damage to property during public disorder where property is damaged, but this time it may be purposefully, but i...

The Relevance of Binding Precedent and Application of Offer and Acceptance in Contract Law in Australia

potential to alter this through legislation. The concept allows gaps in legislature to be filled. It may be argued that the way t...