Australia law which is derived historically from England regulates the interactions of society and its citizens, ranging from planned (contract) and unplanned (negligence). The law itself implies elements for a contract to be valid and for a negligence claim to be successful. Both statutory protection and common law provide stakeholders with remedies. Overall currently Australian contract law is governed by contract law which itself is derived from the high court. Recent efforts have been made to simplify this area of law while still maintaining the flexibility that Common Law possesses. However due to recent changes in legislation Australian contract law has become consistently harder to utilise towards businesses because of lack of uniformity
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the Sales of Goods Act 1896 (QLD) which present conditions and warranties in relation to quality and merchantability (Government Q. , 2016). Implied terms can be displaced by counter intention appearing in the contract between parties. This means that in practice, many sales of goods contracts have had displaced provisions. There are five essential elements necessary for the legal binding of a contract, Agreement, Consideration, Capacity, Intention and Certainty. Through most jurisdictions, contracts do not need to be represented in writing. Exceptions apply especially in contracts for sale or lease of land. In order for an agreement to be a contract it must be supported by consideration. Terms in essence are “any clause or provision in a contract” (Government Q, 2016). In contract law there are two main issue that occur due to contractual terms. These are, what the terms of the contracts are (identification), and what their legal effects are. Under the current Australian Consumer Law, “which is found in the Competition and Consumer Act 2010 (Cth)” are similar terms relating to the “quality and duty to take reasonable care in each classes of contracts”. These particular terms are not able to be displaced by contrary intention, Because of this, the term will be implied into a contract from the intention of the irrespective parties (Australian Government, 2016). The Australian Consumer …show more content…
These variations include differing ideas of the law by the various state superior courts. A problem with current contract law is due to the lack of uniformity as State by State variations of legislation can impose the chance of increased cost of doing business. An example of this stems from businesses having to engage lawyers in more than one state to advice on the transactions across state border. Compliancy programs are aimed at complying with businesses’ contractual obligation may also include state by state variation increasing the cost and complexity of compliance further (Australian Government, 2016). Due to the sales of Goods Act 1895(Qld) having slight differences in its act to others states, variations in contract law become challenging for legal profession. Practitioners do/may not have the time and resources to keep up to date with all variations in contract law across multiple states. Smaller firms in particular do not have the required offices in other states to provide short answers for local laws when required. Because of this, lawyers may create brief firms in other states, which overall increases the cost for the client. In order to bring the cost to the client down a reform in the law has to
the Sales of Goods Act 1896 (QLD) which present conditions and warranties in relation to quality and merchantability (Government Q. , 2016). Implied terms can be displaced by counter intention appearing in the contract between parties. This means that in practice, many sales of goods contracts have had displaced provisions. There are five essential elements necessary for the legal binding of a contract, Agreement, Consideration, Capacity, Intention and Certainty. Through most jurisdictions, contracts do not need to be represented in writing. Exceptions apply especially in contracts for sale or lease of land. In order for an agreement to be a contract it must be supported by consideration. Terms in essence are “any clause or provision in a contract” (Government Q, 2016). In contract law there are two main issue that occur due to contractual terms. These are, what the terms of the contracts are (identification), and what their legal effects are. Under the current Australian Consumer Law, “which is found in the Competition and Consumer Act 2010 (Cth)” are similar terms relating to the “quality and duty to take reasonable care in each classes of contracts”. These particular terms are not able to be displaced by contrary intention, Because of this, the term will be implied into a contract from the intention of the irrespective parties (Australian Government, 2016). The Australian Consumer …show more content…
These variations include differing ideas of the law by the various state superior courts. A problem with current contract law is due to the lack of uniformity as State by State variations of legislation can impose the chance of increased cost of doing business. An example of this stems from businesses having to engage lawyers in more than one state to advice on the transactions across state border. Compliancy programs are aimed at complying with businesses’ contractual obligation may also include state by state variation increasing the cost and complexity of compliance further (Australian Government, 2016). Due to the sales of Goods Act 1895(Qld) having slight differences in its act to others states, variations in contract law become challenging for legal profession. Practitioners do/may not have the time and resources to keep up to date with all variations in contract law across multiple states. Smaller firms in particular do not have the required offices in other states to provide short answers for local laws when required. Because of this, lawyers may create brief firms in other states, which overall increases the cost for the client. In order to bring the cost to the client down a reform in the law has to