Semester 2, 2015


98 pages

32,761 words




These are the notes that I used throughout the semester. They are a mixture of notes made from the lecture, tutorials and all of the textbook.

They are the notes that I used to bring in to the final open book exam, so they are comprehensive enough to answer any problem question. Includes all case authorities and tutorial answers.

These notes still cover the same material in lectures today. The topics these notes cover are as follows:

Business and the Law: business regulation, risk and compliance

The Australian Legal System: the Constitution, separation of powers, division of powers

Legal Method: precedent and the common law, legislation and statutory interpretation

Contracts: nature and role/ freedom of contract and statutory inroads, agreement - offer and acceptance, intention/ consideration/ promissory estoppel/ capacity/ legality/ vitiating factors, contents - express terms, implied terms, exemption clauses / operation (assignment, privity) / termination/ remedies

Issues in Commercial Contracts: subject to contract, heads of agreement, memorandum of understanding, letters of comfort

Torts: torts law and the specific torts/ negligence, negligence and economic loss/ liabilities in contract, tort and crime

Fair Trading: The Australian Consumer Law/ consumer guarantees

Standards of Conduct: misleading conduct, unconscionable/ unfair conduct

Competition Law: competition law and policy/ the prohibited trade practices

Intellectual Property Law: intellectual property rights/ commericialising IP - licensing and franchising