Civil vs criminal law
What is the main purpose of criminal law?
A: To protect the community by punishing individuals who break the law and maintain social order and safety.
What does ADR stand for?
A: Alternative Dispute Resolution.
What is the purpose of employment law?
A: To protect workers with fair wages, safe conditions, and rights under the Fair Work Act 2009.
What are the 3 essential elements of a valid contract?
A: Offer, acceptance, and consideration.
What is a breach of contract?
A: When a party fails to perform their contractual obligations (e.g., late delivery or non-payment).
List two key differences between the parties involved in civil and criminal cases.
Criminal: prosecution (state) vs accused.
Civil: plaintiff (individual/organisation) vs defendant.
List one advantage of mediation and one limitation of arbitration.
Mediation advantage: cost-effective and encourages collaboration.
Arbitration limitation: binding decision reduces party control.
Give one example of how consumer law protects buyers.
A: The Australian Consumer Law bans unfair contract terms and prevents misleading conduct.
What is the difference between a term and a representation?
A term forms part of the contract and is enforceable.
A representation is a statement that does not form part of the contract.
Name two organisations that support consumers in contract disputes.
ACCC
Fair Trading offices
(Also acceptable: ASIC, community legal centres)
Why is the standard of proof higher in a criminal trial than in a civil trial?
A: Because criminal penalties (e.g., imprisonment) can remove a person’s freedom, so guilt must be proven beyond reasonable doubt, a much higher standard than “balance of probabilities” used in civil cases.
How does the Civil Dispute Resolution Act 2011 (Cth) promote fairness?
A: By encouraging parties to use mediation and ADR before going to court, reducing cost, delay, and unnecessary litigation
How does contract law protect vulnerable individuals when entering agreements?
Contract law protects vulnerable individuals by banning unfair contract terms, ensuring equality before the law, and requiring genuine consent and legal capacity.
Explain how the postal rule applies to contract acceptance.
A: Acceptance is effective when it is posted (or sent by agreed non-instant method), not when it is received
What is the purpose of damages in contract law, and when are they awarded?
Damages compensate the injured party for financial loss caused by a breach of contract and are awarded when one party fails to meet their contractual obligations.
A customer slips in a store and breaks their ankle. A shoplifter steals a $200 jacket. Classify each as civil or criminal and explain why.
A:
Slip and injury → Civil (private dispute about compensation).
Theft → Criminal (offence against the state).
What is one reason ADR is often preferred over court proceedings in civil disputes?
ADR is preferred because it is faster, less formal, and more cost-effective than court, helping parties resolve disputes without lengthy delays.
Why is consideration an essential element in forming a legally binding contract? Explain using an example.
Consideration shows that each party has given something of value in return for the promise, making the agreement enforceable.
Example: If Sam agrees to buy a bike from Alex for $200, the $200 is Sam’s consideration and the bike is Alex’s — both parties give something of value, forming a valid contract.
A venue burns down before a booked event. What type of termination applies? Explain
A: Termination by frustration — an unforeseen event makes performance impossible.
What is a breach of contract?
A breach of contract is when one party does not do what they promised in the agreement — for example, not paying, not delivering a product, or failing to perform a service.
Explain how the differing purposes of criminal and civil law influence trial outcomes, procedures, and remedies.
Criminal law focuses on punishment, so trials have strict processes and a high standard of proof. Outcomes include jail, fines, or community service.
Civil law focuses on resolving disputes and restoring rights, so processes are less formal and outcomes involve compensation or remedies.
A family business has a contract disagreement. Should they use mediation or arbitration? Justify.
Mediation is preferable because it preserves relationships, encourages communication, and is non-adversarial — important for ongoing family or business relationships.
Evaluate how the rule of law ensures fairness in contract formation and enforcement.
Provides consistency, predictability, and equal treatment.
Protects vulnerable parties and ensures contracts are only enforceable with legal capacity and genuine consent.
Analyse how implied terms and exemption clauses impact fairness in contracts.
Implied terms ensure contracts operate fairly even when not written (e.g., expected quality of repairs).
Exemption clauses limit liability but must be reasonable and clearly communicated; otherwise they may be unfair.
How can ambiguous terms in a contract lead to disputes, and what role do courts play in resolving these situations?
Ambiguous terms cause disagreements because each party may interpret the meaning differently. Courts resolve these disputes by examining the parties’ intentions, considering evidence, and applying precedent to interpret the clause. This ensures consistency and fairness when the contract wording is unclear.