Separation of Powers
The doctrine of constitutional law which holds the three branches of government know as the executive, legislative and judicial.
What is the Separation of Powers?
January 1, 1901
When did Australia become a federation?
76 members
Represents views of Australians and discuss matters
Senate
The case of the snail in a bottle
What was the Donoghue v Stevenson (1932) about?
1. Intention of create legal relations
2. Offer and acceptance
3. Consideration
What are the 3 essential elements of a contract?
These were created by The Australian Constitution which check each other`s use of power.
What are the Separation of Powers?
It sets out the rules that specify the powers, responsibilities and roles of the governed bodies within a state or country.
What is a constitution?
Proposed law must be introduced to parliament in draft form.
What is a bill?
An employer is liable for damages, even though it was not personally negligent
Vicarious Liability
How is a Contract breached?
Power to put law into action
Power to make and change law
Power to make judgments on law
Executive
Legislature
Judiciary
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid?
There are two houses: The House of Representatives and the Senate.
What is a bicameral parliament?
s9(1) Civil Liability Act
What section is Breach of Duty of Care in?
Remedies
Made to ensure the powers of government are even between each other.
The action to have to stop or check the ....
Checks and Balances
Prior to Federation the six colonies were partly self-governing but also subject to British laws
Why is the constitution needed?
The Government can only remain in power if it holds the ... of Parliament
Confidence of Parliament
The greater the risk that injury may occur, the higher the standard of care is assessed to be
Probability of harm
1. Specific performance
2. Injunction
3. Damages
What may you sue for if you are not entitled to end the breached contract?
The Westminster system
What system was the Separation of Powers modelled on?
What are the 3 principals for Federation?
The interrelations between Govern General, How of Representative, and the Senate (Parliament) in the foundation of the responsible Government
What is the role of the Parliament?
(1) A person does not breach a duty to take precautions against a risk of harm unless—
(a) the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and
(b) the risk was not insignificant; and
What is s109?
Acceptance occurs when a letter is posted, not received, so the contract commences from that time
The Postal Rule