Australian Contract Law And Common Law Essay

1009 Words 5 Pages
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 and unfair trading agreements. This essay will look into the following points. An overview of Australian contract law, uniformity of contract law and unfair terms of contract law.
Most states and territories have effective statutes in relation to the sale of goods e.g. 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.…

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