SOCI10001 Lecture Notes - Lecture 12: Judiciary Of Australia, Standard Form Contract, Undue Influence
Document Summary
Revision and exam information: sources of australian law- the steps in making legislation. Law making powers of parliament, state and territory. Principles of statutory interpretation and the order in which to use them: case law. Third element is consideration or recording agreement as a deed. Puffs, opinions and representations do not form part of the contract, but can be sued for within the bounds of australian consumer law. Meaning of terms implied ad hoc" tailored to that specific contract. Universal terms are implied into every contract, and are implied by law. Statutory implied terms parties cannot contract against goods act provisions. Terms that limit liability are interpreted contra preferentum, especially when they are ambiguous. Judges are allowed to unpick contracts to return money in cases of frustration. Non, partial, substantial, late and anticipatory breach. Remedies: depend on the kind of breach (condition or warranty).