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Recognised by law as being a contract of employment The existence of this relationship is central to both employment law and workplace relations law. Rules have developed for establishing the relationship. Distinguished from other legal relationships such as: Independent contractor: contracts for service Agent: makes a contract on behalf of an...
44 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 546 | Lượt tải: 0
Equitable and proportionate distribution of debtor’s assets Recovery of property that was distributed prior to bankruptcy Possibly uncover more property available for distribution to creditors by public examination
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Common law rules: Intention Agency Sharing of profits and losses Statutory rules: Joint ownership of property Sharing of gross returns Receiving a share of the profits
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May occur when: A person acts on behalf of a principal and enters a contract with a third party, despite lacking authority to do so, then the principal may ratify or affirm the unauthorised action. An agent exceeds the authority given to them by the principal, the principal may ratify or affirm the excessive authority.
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Copyright The right to prevent the unauthorised reproduction by a third party of the tangible form in which a person has chosen to express his or her ideas. Statute Copyright Act 1968 (Cwlth) Substance of statute Protects the physical expression of ideas (not the idea itself).
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Goods and services are often provided to people who fail to pay for them. Those who owe money are called debtors. Those who are owed the money are their creditors. There are strategies that encourage repayment of debts and debt collection processes.
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A cartel exists where two or more businesses which should be operating in competition with each other agree to cooperate rather than act independently. Prohibited cartel conduct includes: price fixing restricting outputs in the production and supply chain allocating customers, suppliers or territories bid or tender rigging. Breach requires in...
28 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 725 | Lượt tải: 0
Where a charge is or may be made for the provision of the credit and the credit provider provides the credit in the course of a business the debtor is a natural person or a strata corporation the credit is or is intended to be , provided wholly or predominantly: for personal, domestic or household purposes to purchase, renovate or improve resid...
27 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 535 | Lượt tải: 0
1 January 2011, the Trade Practices Act 1974 (Cwlth) became the Competition and Consumer Act 2010 (Cwlth), (CCA). 1 January 2011, the Australian Consumer Law, (ACL), Schedule 2 of the CCA, became fully operative. The ACL has overcome the constitutional difficulties confronted by the TPA, replaced all state and territory fair trading legislation a...
43 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 633 | Lượt tải: 0
Sale: Property or title in the goods passes to the buyer at the time the contract is made. Agreement to sell: Title or property in goods is to pass at some point in time after the contract is made.
28 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 451 | Lượt tải: 0
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