Civil Law
The name of the person bringing a civil claim to court.
Who is a plaintiff?
This principle is used in common law cases, where one case is used to decide the same legal issue in a subsequent case.
What is Precedent?
Capacity, Agreement, Intention, consideration and certain
That are the 5 elements of a contract?
Money awarded to compensate the innocent party.
What are Damages?
What is a misrepresentation?
The standard of proof required for a civil case.
What is Balance of Probabilities?
The source of Criminal Law.
What is the Criminal Code 1899 (Qld)?
A price tag on an item is not an offer, it is....
What is an Invitation to treat?
Example: Emma agrees to sell her rare, one-of-a-kind painting to Liam for $50,000. They sign a contract, but before the sale is completed, Emma changes her mind and refuses to transfer the painting.
What is Specific Performance?
This occurs when a party enters into a contract due to pressure placed upon them by another party. It is such that one party is unable to form an independent judgement about the contract.
What is Undue Influence?
What is Common Law?
This party holds the burden of proof in a criminal case.
Who is the Prosecution?
Upon becoming an adult, the minor confirms that they are prepared to perform their obligations under the contract, making the contract legally binding.
What is ratification?
Example: Sarah, a famous singer, signs an exclusive contract with a record label, Melody Records, agreeing not to perform for any other company for five years. However, a year later, she tries to sign a deal with a rival label, Star Music.
What is an Injuction?
A contract that is not within the law is not enforceable through the courts.
What is an Illegal contract
The most common form of Alternate Dispute resolution and involves two parties coming together to work out a mutually agreed upon solution.
What is Mediation?
A tribunal that was formed as a method of resolving civil disputes involving amounts of money up to $25000.
What is the Queensland Civil and Administrative Tribunal>
A statement made before a contract is entered into that affects matters relating to the contract.
What is a representation?
Identify the type of remedy: The Carbolic Smoke Ball Company advertised that anyone who used their product as instructed and still caught influenza would receive £100. Mrs. Carlill followed the instructions but still got sick. When the company refused to pay, she sued.
What are damages?
example: John owns a small business, and Mike, a local gangster, wants to take control of it. Mike threatens John, saying, “Sign over 50% of your business to me, or I will harm your family.” Fearing for his family's safety, John signs a contract transferring half of his business to Mike.
What is Duress?
One of Australia's fastest-growing types of litigation under The Civil Proceedings Act 2011, initiated by a single person on behalf of members of a group, who are all seeking compensation for a wrongdoing.
What is a Class Action?
These processes resolve disputes and are able to determine whether someone has broken the law.
What are Courts?
What are Conditions and Warranties?
People enter into contracts daily. However, power imbalances between individuals and corporations prompted the need for this legislation.
What is the Competition and Consumer Act 2010 (Cth)?
Latin for 'let the buyer beware'.
What is Caveat emptor?