Key terms
What are Tribunals?
Tribunals are specialized courts or bodies established to resolve specific types of disputes, such as employment or immigration issues, offering expertise and often more flexible procedures compared to regular courts. Their decisions are binding and can sometimes be appealed to higher courts.
What is the main role for the ACCC?
**ACCC Role**: Enforces consumer protection laws, resolves disputes, and addresses complaints, balancing interests of consumers and businesses.
What are the forms of ADR?
- **Forms**: Mediation (facilitator assists parties to reach agreement)
arbitration (binding decision by arbitrator)
conciliation (third party helps resolve dispute).
What are the 2 elements and termination meanings of contracts?
- **Validity**: Analysing offer, acceptance, consideration, intention, and capacity.
- **Termination**: Through performance, agreement, breach, frustration, or illegality (e.g., employment, housing, consumer contracts).
Identify and explain two scenarios where a person cannot legally enter into a contract.
A person may not legally enter into a contract if they lack the mental capacity to understand the terms and implications of the agreement, such as cases that regard MENTAL ILLNESS, cognitive impairment or learning disabilities. Additionally, entering a contract whilst being under the influence of drugs or alcohol are not legally binding as the individuals consent is not given freely.
What is the difference between express and implied terms
Express terms are specific terms that are indicated in a contract
(told upfront)
Implied terms: rules implied by common law or statute law
What is the role for the ACL?
- **ACL Role**: Provides comprehensive consumer rights and protections, including guarantees for goods and services, enforced by the ACCC.
What is the relationship between ADR's and courts?
Courts may refer parties to ADR to promote efficient and amicable dispute resolution.
List and define the elements necessary to create a valid contract.
Acceptance: Acceptance is made by one party in expression of words or conduct, agreeing to the terms of the offer made by the other.
Consideration:
Mutual Exchange: Both parties provide something of value.
Legally Sufficient Value: The consideration must be of legal value (e.g., money, goods, services, promises).
Bargained-for Exchange: The exchange must be agreed upon by both parties as part of the contract terms.
Offer: An offer is a proposal from one party into entering a legally binding contract with the receiving party. An offer may be made orally, by contract or in writing and the offer MUST be clear and certain.
Explain the different scenarios when a minor may legally enter into a contract.
A minor may legally enter into a contract under certain scenarios. These scenarios may include necessities such as food, clothing, shelter medical care and education, where terms are fair and reasonable. Minors are also capable in engaging in employment contracts, making sure they comply with all labor laws and offer reasonable and beneficial terms. Minors are also able to enter into beneficial contracts, such as being apprenticeships or training agreements.
What is warranty & condition within a contract?
Conditions are among the following:
They are an essential part of a contract
A person wouldnt have entered a contract without conditions
If broken the contract is voidable or serious remedies in court
Warranty
Less important part of the contract
cannot be voidable
Explain the different between arbitration and mediation as alternative dispute resolution methods.
Arbitration: Arbitration is a form of ADR that resolves problems faced in civil law outside courts to obtain a decision that will suffice both parties wants. Both parties present their arguments and evidence to an arbitrator who acts much like a judge and creates something called an award.
Mediation: mediation is a negotiation process that involves an unbias person, known as the mediator that assists both parties of the issue into identifying a middle ground within their problem. Assessing option and negotiating an agreement to resolve the dispute.
Explain the standard of proof required in a civil matter.
(double points if you can explain the criminal matter as well)
In a civil case, the standard of proof require is known as the "balance of probabilities." This standard means that for the plaintiff to succeed in their case, the likely-hood must be greater than 50% that their version of events is true.
In criminal cases, the standard of proof is known as "beyond a reasonable doubt", while civil cases focus on resolving disputes between two parties based on the preponderance of evidence presented. This standard allows courts to make a judge based on the most plausible explanation of facts being presented during the proceedings.
Describe a scenario where a contract can be set aside.
For example, if a contract is entered into under duress, where one party was coerced into agreeing under threat or pressure, it may be set aside by the affected party. Another scenario is when a contract is formed based on fraudulent misrepresentation, where one party knowingly provides false information to induce the other party into entering the contract.
What are the following terms:
Caveat emptor
Consumer guarantees
exemption clause
Caveat emptor: That it’s the buyers responsibility to check the quality and suitability of the goods and services before a purchase has been made
Standard contracts: AN agreement between two parties where one party sets the terms and the counterparty has little to no power to change them.
Unfair contract terms: From this date, proposing, using or relying on unfair contract terms in standard form contracts will be banned and penalties for breaches of the law will apply.
Demonstrate your comprehension of civil law by explaining the purpose of alternative dispute resolution processes used in civil law.
ADR's or alternative dispute resolutions methods are processes in civil law that aim to resolve disputes more efficiently rather than regular litigation. They save time as well as reducing costs from lengthy court procedures. Methods such as Mediation and Arbitration offer flexibility, allowing all parties to customize their needs and schedules.
Demonstrate your comprehension of contract law by describing when an “invitation to treat” may be invoked.
Name ALL 7 elements for a legal contract (100 points for every one you get right)
Agreement
Intention
Consideration
Mutuality
Capacity
Formalities
Breach
**Elements of a Legal Contract**
- **Agreement**: Mutual understanding (offer and acceptance) with certainty.
- **Intention**: Parties must intend to create legal relations.
- **Consideration**: Something of value exchanged between parties.
- **Mutuality**: Both parties must be bound to perform their obligations.
- **Capacity**: Parties must have the legal ability to enter a contract.
- **Formalities**: Certain contracts must be in writing.
- **Breach**: Failure to perform contractual obligations.
Name every single section from 51-59 in the ACL, defining each one. (every one you get is 100 pts)
S51, the supplier must have a right to sell
THe seller must have title ownership in the goods being sold
S52, the buyer has a right to undisturbed possession of goods
That the buyer of the goods enjoys the use of the good free from any interference or claims by other persons
S53, the goods must be free from any security, charge or encumbrance that hasn’t been disclosed
Extension of the above guarantee, e.g making a monthly payment on a lease owed on the car that has been disclosed
S54, the goods must be of acceptable quality
Fit for purpose which they are supplied
- as safe and durable as a reasonable person would expect
S55, the goods must be fit for purpose
The supplier and manufacturer and bound to provide goods which are reasonable fit for the disclosed purpose.
S56, the goods must match their description
When goods are supplied by description to a consumer there is a guarantee that the goods will meet the description
S57 the goods must match the sample or demonstration model
This does not apply to goods sold at auction
S58, the manufacturer must take reasonable action that the facilities needed for repairs and parts are reasonable avaliable for a reasonable period
S59, the supplier and manufacturer must comply with any express warranty given or made by the manufacturer