Tài liệu Khối Ngành Kinh Tế

Insurance law is concerned with the relationship between two persons. One person (the insurer) agrees to compensate or indemnify the other (the insured) for any loss sustained on the happening of a particular event. Insurance is regulated by common law and legislation. Relevant federal legislation includes: Insurance Contracts Act 1984 Life ...

25 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 579 | Lượt tải: 0

‘Leasehold interest’ in land is created by the formation of a lease. This is a contract between two parties: lessor (landowner) lessee (tenant). Lease gives the lessee exclusive possession of real property for a fixed period in exchange for payment (rent). Regarded as an estate in land.

41 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 470 | Lượt tải: 0

Precedent condition A term that must be satisfied before the contract can be enforced. Subsequent condition A term that will terminate the contract due to either the occurrence of a particular event, or a particular act of a party to the contract.

32 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 622 | Lượt tải: 0

Voidable contract if: one party did not understand what he/she was doing because of the condition they were in, and the other party in the contract knew of the condition. Voidable at the option of party in a)

29 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 463 | Lượt tải: 0

Not all agreements give rise to legally enforceable obligations. People who make agreements must intend the agreement will give rise to a legally enforceable obligation. The law makes some presumptions about this depending whether the agreement is of a social, domestic or commercial nature.

27 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 676 | Lượt tải: 0

Suspect transactions are those that cause the cash dealer to feel apprehensive or mistrustful about the transaction (non-cash and cash transactions), and may be relevant with respect to: tax evasion or attempted evasion an offence against the law of the Commonwealth or a territory the Proceeds of Crimes Act 1987 (Cwlth). They must be reported a...

19 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 420 | Lượt tải: 0

Drawer: person responsible for creating bill (creditor) Drawee: person to whom bill addressed (acceptor) Payee: person to whom payment is to be made Endorser: person who transfers rights of payment Endorsee: person to whom bill is transferred Bearer: person in possession of bearer bill Holder: (see next slide)

38 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 427 | Lượt tải: 0

Sole trader—makes all the decisions Partnership—depends on partnership agreement. If no agreement, all partners are considered equal and each partner is considered as agent of the partnership and every other partner for the purposes of partnership business. Unincorporated association—control rests with committee of associates Company—power is ve...

35 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 446 | Lượt tải: 0

Would a reasonable person foresee that damage may result from the defendant’s action, i.e. is damage preventable and consequently avoidable? Consider Sydney Water Corporation v. Mario Turano and Anor (2009) HCA 42 Good Samaritans and volunteers acting in good faith are exempt, under legislation, from liability when assisting those in need.

38 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 751 | Lượt tải: 0

Courts should treat similar cases in similar fashion to encourage consistency and certainty in decision making and fairness for litigants. Precedent: a past judgement of a court cited as authority for the legal principle embodied in a new decision. A judgement is composed of two parts: Ratio decidendi: the reason for the decision made by the jud...

29 trang | Chia sẻ: huyhoang44 | Ngày: 21/03/2020 | Lượt xem: 551 | Lượt tải: 0