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Australian Contract Law(by Julie Clarke)
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Australian Contract Law | austcontractlaw.wordpress.com Reviews
https://austcontractlaw.wordpress.com
(by Julie Clarke)
April | 2010 | Australian Contract Law
https://austcontractlaw.wordpress.com/2010/04
Monthly Archives: April 2010. Time to split up the Trade Practices Act. The Trade Practices Act (TPA) – soon to be re-named the Competition and Consumer Act 2010 – is too big and too complicated. The Government has introduced phase II of their two-phase plan to implement a new Australian Consumer Law which will bulk up the Act even further (the first Bill, which has passed through … Continue reading →. New articles on Australian Consumer Law. Blog at WordPress.com. Build a website with WordPress.com.
ACCC alleges misleading conduct by Coles | Australian Contract Law
https://austcontractlaw.wordpress.com/2013/06/13/accc-v-coles
ACCC alleges misleading conduct by Coles. The ACCC has filed a case against Coles alleging (in part) that it misled customers by claiming bread was freshly baked in store. See ACCC Press Release. Also plenty of media – for example, Pia Akerman, ‘ ACCC files case against Coles over ‘fresh’ bread. 8216; (The Australian, 12 June 2013). High Court rules in Kakavas case. One thought on “ ACCC alleges misleading conduct by Coles. 13 June 2013 at 12:21 pm. Leave a Reply Cancel reply. Enter your comment here.
Unfair Contracts Industry Review | Australian Contract Law
https://austcontractlaw.wordpress.com/2013/04/02/unfair-contracts-review
Unfair Contracts Industry Review. The ACCC recently (14 March 2013) released the outcomes of its industry review into unfair contract terms:. View industry review here. High Court to hear Kakavas v Crown →. Leave a Reply Cancel reply. Enter your comment here. Fill in your details below or click an icon to log in:. Address never made public). You are commenting using your WordPress.com account. ( Log Out. You are commenting using your Twitter account. ( Log Out. Notify me of new comments via email.
Australian Consumer Law receives Royal Assent | Australian Contract Law
https://austcontractlaw.wordpress.com/2010/07/16/australian-consumer-law-act
Australian Consumer Law receives Royal Assent. The Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010. Was assented to on 13 July. ACCC releases unconscionable conduct video. Contract Law Review →. One thought on “ Australian Consumer Law receives Royal Assent. 3 August 2012 at 5:33 pm. Leave a Reply Cancel reply. Enter your comment here. Fill in your details below or click an icon to log in:. Address never made public). You are commenting using your Twitter account. ( Log Out.
June | 2010 | Australian Contract Law
https://austcontractlaw.wordpress.com/2010/06
Monthly Archives: June 2010. Bill passes – TPA to become the CCA. The Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 has passed – a bit sooner than some predicted – with the result that the Trade Practices Act will be no more come 1 January 2011. It will be re-named the Competition and Consumer Law Act. While the Government has labeled the changes brought … Continue reading →. ACCC releases ‘Guide to Unfair Contract Terms Law’. Create a free website or blog at WordPress.com.
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Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/law/misleading.html
Misleading or Deceptive Conduct. Pre-contractual misrepresentations may provide contractual remedies at common law or statutory remedies pursuant to the Competition and Consumer Act 2010 (Cth) (previously the Trade Practices Act 1974 (Cth) . The latter is more commonly used as it operates in a wider range of circumstances and generally provides better remedies. Misleading or deceptive conduct (statutory prohibition). The statutory prohibition of misleading and deceptive conduct can now be found in. The A...
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/law/unconscionable.html
Unconscionable conduct deals with transactions between dominant and weaker parties; it therefore overlaps with duress and undue influence. Unconscionable conduct is prohibited both in equity and, more recently, by statute. Unconscionable Conduct in Equity. Blomley v Ryan (1954) 99 CLR 362. Commercial Bank of Australia v Amadio (1983) 151 CLR 447. Louth v Diprose (1992) 175 CLR 621. Kakavas v Crown Melbourne Ltd [2013] HCA 25 (5 June 2013). Section 20 of the. Which is in identical terms as its predecessor...
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/law/termination.html
View Performance page for more detailed discussion. Parties are free to terminate their contract by agreement. This might take the form of a termination provision in the contract itself or through a new and separate contract. View Discharge by Agreement page for more detailed discussion. View Discharge for Breach page for more detailed discussion. 1863) 3 B and S 826). Where frustration is established the contract is terminated automatically (in futuro); there is no option to discharge or to perform and,...
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/legislation.html
Competition and Consumer Law Act 2010. Incorporating the Australian Consumer Law (in Schedule 2) - the Trade Practices Act 1974 was re-named the Competition and Consumer Act 2010 on 1 January 2011. Trade Practices Act 1974 (Cth). Implied terms, misleading conduct, unconscionable conduct. The TPA was renamed the Competition and Consumer Act 2010 from 1 January 2011 following the passage of the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010. Age of Majority (Reduction) Act 1971.
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/disclaimer.html
Except where otherwise noted, the original material on this website is licensed under a Creative Commons Attribution 3.0 Australia License. The information on this site is intended to provide information (current and historic) about contract and consumer law in Australia. The information on this site does not constitute legal advice. Although every endeavour is made to ensure accuracy, no guarantee is made that the site is up to date or otherwise accurate. Legislation and case law.
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/law.html
General principles of contract law. Overview of Australian contract law. Australian contract law may be broadly divided into five categories. Dealing with the requirements for making a valid contract. Dealing with identifying contractual terms and their scope. Dealing with how a party may avoid performing an otherwise valid contract (this overlaps with consumer law). A contract is a promise or a set of promises that is legally binding. In this context a. This section also considers the. A contract validl...
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/readingroom.html
Casebooks and texts (contract). Casebooks and texts (consumer). Please note there are some (hopefully) temporary issues with the search engine for this page. In the meantime, use the site search engine, below. Contract Casebooks and Texts (by year). Butler, Christensen, Dixon, Willmott (OUP 2nd edn, 2013). Willmott, Christensen, Butler and Dixon (OUP, 4th edition, 2013). Contract Law: Commentaries, Cases and Perspectives. Clarke and Clarke (OUP, 2nd edition, 2012). Contract Law in Australia. Khoury and Y...
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/law/formation.html
General principles of contract law. The first requirement for a valid contract is an agreement, which normally consists of an 'offer' and an 'acceptance' (although the parties may not articulate their arrangement in these terms) and involves a 'meeting of the minds' - or consensus - between two or more parties. Complex rules exist to determine when an offer and acceptance. Click here for a detailed discussion of agreement, including relevant case law. Intention to Create Legal Relations. In most cases th...
Australian Contract Law | Julie Clarke
http://www.australiancontractlaw.com/index.html
General principles of contract law. My other web sites and blogs. Australian competition law blog. Australian competition law netvibe. Australian Contract and Consumer Law. Encompasses any laws or regulations directed toward enforcing certain promises. In Australia contract law is primarily regulated by the 'common law', but increasingly statutes are supplementing the common law of contract - particularly in relation to consumer protection. For breach of contract. View more publications…. The case involv...
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Australian Contract Law
ACCC alleges misleading conduct by Coles. The ACCC has filed a case against Coles alleging (in part) that it misled customers by claiming bread was freshly baked in store. See ACCC Press Release. Also plenty of media – for example, Pia Akerman, ‘ACCC files case against Coles over ‘fresh’ bread‘ (The Australian, 12 June 2013) Advertisements Continue reading →. High Court rules in Kakavas case. High Court to hear Kakavas v Crown. Unfair Contracts Industry Review. The ACCC recently (14 March 2013) released ...
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