Commercial Transactions - LPAB 08

Description

These detailed notes include all the topics discussed in all the lectures throughout the semester. Topics: Topic 1 – Introduction Personal Property, Possession and Ownership 1 Possession and Ownership Topic 2: Bailment Contract v bailment Sale v bailment Standard of care Sub-bailments Exempting clauses Bailor duties as to safety etc. and interaction with contract Hiring of Goods Exclusion clauses Topic 3 & 4 – Australian Consumer Law Misleading or deceptive conduct Causation Exclusion and disclaimer clauses Unconscionable conduct Unfair contract terms – (Sections 23-28) False or misleading representations – Part 3-1, Div 1 (sections 29-38) Remedies Consumer guarantees – Part 3-2, Div 1, Subdivisions A-C (sections 51-64A) Remedies relating to guarantees – ACL Part 5-4 (sections 259-277) Topic 5: Transfer of Title Sale or agreement to sell and when property passes Topic 6 - B2B Transactions Terms of the Contract Terms SOGA implied terms Implied terms related to product liability Performance of the contract Remedies of unpaid seller Actions for breach of the contract Remedies of the buyer Limitation of Liability Bailment - exclusion clauses Indemnity Clauses Topic 7: International Sale of Goods UNCITRAL UNIDROIT Principles Formation of Contract Arbitration The fundamentals of arbitration Arbitration Clause → ACICA model clause. Topic 8 - Security over Personal Property Security Interests at General Law Quasi-Security Interests Other Property Interests as Security Non-Consensual Interests General Observations: Security Pre-PPSA Topic 9 - PPSA s12 Meaning of security interest Deemed security interest Vesting: s 267 Topic 10: insurance Insurance Contracts Act Amendments to ICA