Terminology 1
What is common law?
Judge-made law
What is statute law?
Written law
What does precedent mean?
Process whereby a new law is made in the court system.
What are terms in a contract?
Any provision forming part of a contract
What are the essential elements in a contract?
1. Intention to create legal relations
2. Offer and acceptance
3. Consideration
Who is the defendant?
The person who defends the legal action.
What is the onus (burden) of proof in a civil case?
Plaintiff carries onus of proving the case against the defendant.
What are damages?
If you suffer a loss resulting from a breach of contract, you may be awarded damages to compensate you for that loss.
Explain the Civil Dispute Resolution Act 2011 (Cth)
The Act encourages parties to take genuine steps to resolve a dispute before commencing certain legal proceedings in the Federal Court and Federal Circuit Court.
What is the difference between a condition and a warranty?
Condition: term that is an essential part of the contract
Warranties: subsidiary to the main purpose of the contract
What does On the Balance of Probabilities mean?
Plaintiff's claim is more likely than not to be the true position than the defendants claim.
What is mediation?
When a third party tries to assist both of you to resolve the dispute without imposing a legally binding solution.
What is an injunction?
Where a party to a contract has agreed not to do something, injunctions can be granted by the court. An injunction can either restrain a party from breaching a contract where there has been a threat of a breach, or restrain a party from continuing or repeating a breach that has already occurred.
Explain the Civil Proceedings Act 2011 (Qld)
Streamline, modernise and simplify the law in relation to civil proceedings in the Supreme, District and Magistrates Courts and to assist in the integration, consistency and effectiveness of the court registries.
What is conciliation?
Form of mediation that takes place under an Act of Parliament.
What is arbitration?
More formal than mediation and conciliation - is governed by Arbitration Acts - more commercial.
What is ADR?
Alternative Dispute Resolution - denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes, with the help of a third party
What is an ombudsman?
It is an independent person who investigates and resolves complaints between parties. An ombudsman is fair and impartial when considering complaints.
Explain the role of Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth))
Misleading or deceptive conduct, unconscionable conduct, unfair practices, conditions and warranties, product safety and information, liability of manufacturers for goods with safety defects offences, country of origin representations.
What is a tribunal?
A special court that looks at particular problems. May be established by Commonwealth and State governments or by non-government organisations and associations.
What is a class action?
What is a counterclaim?
A claim made to rebut a previous claim.
What is an offer and invitation to treat?
A party making a contractual offer is willing to be legally bound by that contract, if there is an 'invitation to treat', this means there is an intention to negotiate but not to be legally bound yet.
Explain the Carlill v Carbolic case.
The court held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.