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The common law system which Australia inherited from the United Kingdom when it was first settled by English colonists

Category: Education Paper Type: Online Exam | Quiz | Test Reference: APA Words: 1000

  All of the above

2.      All of the above

3.      None of the above

4.      Pass through both the house of representatives and the senate and, if approved, it merges as an act which becomes law once it receives royal assent by the governor-general

1.      According to this fact, the six rules concerning consideration in which the contract is operated are given below with case examples.

The first rule is related to the movement of contract according to desire of the promisor. This means that if it is done due to the third party without any desire of the promiser then it is not good consideration.

The second rule is related to the movement of contract from the promise and other person. It shows that consideration can move from one person to another. A case law is related between the two parties that are working for their benefits

The third rule is related to act, return promise and abstinence. A case law is related with this rule is between two parties. In that case, one party is borrowing thing at 20% p.a but not able to pay at the same time.

The fourth rule is related to the past, perfect or future consideration. A case law is related to this rule is past consideration. In that case, a person forgotten the promise that was made between parties.

The fifth rule is related to its adequacy. In the past, two parties were involved in conflict and this case was related to this rule

The sixth rule is about reality of consideration. It is showing that consideration must be real.   One case was registered related to the physical impossibility of consideration.

2.      It can be noted that it is considered as doctrine in contract law. It is involved in stopping a person from doing anything wrong and going back from promise regardless than any legal contract.

a.       In this case, the main issues was related to the defendants arguing about the agreement. This shows that the agreement is placed between two parties is related tio the payment of rent. Moreover, another thing is that these parties were also arguing about plaintiffs should be stop b increasing their rents.

b.      It is considered as a leading case in the contract law of Australia. According to this case, the high court of Australia has decided that estoppel will be taken according to the certain actions.

3.      This rule is related to the Anglo-American common law. This law is controlling the other evidence parties towards a common dispute. This law is used when there is need to specify the main terms of the contract. The main purpose of this rule is to stop other parties from introducing any evidence of prior oral agreement. It can be noted that one case is associated with this rule and it is related with the Goss v Lord Nugent 1833. This law as stated by Innes and bank of Sydney.

4.      Yes, the express terms in unsigned documents like ticket are legally binding.

According to the Causer V Brown [1952] VLR law, its main issue was related to the exclusion of liability. For that case, a condition was considered as exclusion of liability. It was held due to three main issues. The first one related to the reasonable person was thinking that ticket was only a receipt not a condition for contract. Due to this, it shows that drycleaner was responsible for such negligence.

Now according to the Olley v Marlborough Court CA 1948 case, related with the clause. The main issue was that the hotel rely on the exclusion clause. According to this the decision shows that hotel is not able to relay on the exclusion clause. The main reason is that the term is not incorporated in the contract. Moreover, contract must be concluded before entering in the room at reception deck in the hotel.

The common law doctrine of precedent

It can be noted that the English court structure is consisted of five levels of court. On the other hand, doctrine of precedent is considered as one of the most important constituent of English legal system. This means that all major decisions of the court must be mad by the court of appeal and higher courts in prior cases. Now the next thing is that when the judges from the higher court are making decisions then lower courts are required to follow it with perfection. The next thing is that the name of this point in which lower court follow a precedent is known as Stare Decisis. Moreover, Ratio Decidendi is considered as an important part of the judgement. According to this part, judges are able to make proper decisions according to the main problem. Furthermore, there are about different types of precedent in the English laws and all of them are extremely important.

There is only one advantage and disadvantage of doctrine of precedent. The advantage is that it is involved in providing predictability and certainty. On the other hand, the disadvantage is that due to stare decisis there will be no flexibility in the decision and it will become difficult to adopt changes. Moreover, it will also effect the political relations and socio- economic structure of the country.

There are a lot of laws that are associated with contract law. From them, the most important one is related with Balfour v Balfour [1919]. The main issue was related to the valid contract between the two married couples. This case was between the married couples. In the first instance of the case Mrs Balfour was succeeded. According to this judges took several approaches to handle this case. For that case, judges were focusing on the relationship between the husband and wife and what kind of promise made between them. The result were showing that the contract between husband and wife was not a legally enforceable contract. According to this Mr Balfour was able to clear that case because there was no legal agreement made between them.

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