BLAW10001 Chapter Notes - Chapter 1: Consumer Protection, Peer Pressure, Corporate Law
15 May 2018
School
Department
Course
Professor
Principles of Business Law
• Tutorial 1
• Week 1
• The Nature, Origins and Organisation of Law
• Law consists of the rules of conduct and organisations that the government of a
particular country recognises and enforces as law
• Customary rules of behaviour
o Established by long usage and are obeyed because of peer pressure, or
because they are convenient
• Power to make law
o Grated foudatioal la, otherise ko as ostitutio of that state
• Laws can be classified depending on what type of situation or conduct they refer to
o Assists people in locating particular laws when needed
• Jurisprudence
o Science or philosophy of law
o Nature, origins or purpose of law
• International law
o concerned with agreements (treaties, pacts) that are entered into between
sovereign states
• National law
o Laws that apply within the borders of a particular state
• Constitutional law
o Sets out how the government of a sate is established and organised
o What powers organs have and what processes must follow
• Administrative law
o Rules that govern the processes of official decision making
• Criminal law
o Law that prohibits conduct that is considered harmful to the genral
community, and punishable if a person is found guilty
• Civil law
o Concerned with creation and enforcement of private legal rights and
between individuals
• Tort law
o Creates liability for harm that is wrongfully caused by one person to another
or their property
o Can lead to compensation
• Contract law
o Determines which private agreements give rise to legally enforceable rights
and duties
• Agency
o Involves use of a representative to acquire or discharge legal rights or duties
o Regulates way powers of representation are given by one person to another
• Consumer protection law
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o Protect consumers from their special vulnerability by providing legal
protection for them in dealings with the suppliers of goods or services
• Corporations law
o Concerned with creation of organisation and administration of companies
• Property law
o Regulates way in which private rights in goods and land can be transferred
from one person to another
• Business law
o Rules relevant to business activities
o Very broad
• Legal concepts
o Ideas that determine the scope and nature of a particular category of law
• Legal principles
o Broad precepts that recognise and give effect to a particular point, value or
policy
• Legal rules
o Provide detailed mechanisms by which legal principles are given effect
o Specify requirements, etc
• Legal meanings
o Refer to particular meaning or significance that words or phrases have
• Legal authorities
o Sources of particular legal principles, rules or meanings
• 1.8- Finding and using the law to decide cases
• steps
o all important (material) facts of the case should be ascertained
▪ reveal origin, scope and nature of the case
o relevant rules of law should be found and interpreted
▪ relevant rules are those apply to particular kind of legal dispite
o relevant rules should be applied to the important (material) facts in order to
work out (deduce) what the appropriate outcome should be
▪ may look at precedence as it is fair and reasonable
• The Organisation of Law and Government in Australia
• Britain granted the colonies of Australia the ability to administer and publish laws
that were not contradictory to the laws of British Parliament
• Colonies became states in 1901 (Federation)
• Australia remained subject to British laws until the Australia Act in 1986
o Were liits o Australias idepedee
• Some Characteristics of Government in Australia
• The Commonwealth of Australia is a ofederatio of states
• states ad other territories
• Territories are self-governing
o Therefore can be treated as the equivalent of state governments
• States and territories have a very real power to govern
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find more resources at oneclass.com
