Key Cases for Evidence RELEVANCE Smith – recognition evidence by police asserting person what that in the pics/footage due to previous dealings was irrelevant Evans – dressing accused in clothing worn by person seen by witness gave no assistance to jury in determining if it was the person HEARSAY Graham – fresh in the […]
It’s all in the evidence Read More »
RESCISSION After running an online clothing store for two months, Miranda decided that it wasn’t for her. She sold it to a young woman named Bonnie, telling her that the business typically made $25,000 per week. Since purchasing the store, Bonnie has struggled to make $10,000 each week, despite working more hours than Miranda ever
Remedies Law – preparation guide Read More »
Key cases: Nelson v Nelson (1995) 184 CLR 538 Lindsay Petroleum Co v Heard (1874) LR 5 PC 221 Bester v Perpetual Trustee Co Ltd [1970] 3 NSWR 30 Beckford v Wade (1805) 17 Ves 87 Re Howlett [1949] Ch 767 Haas Timber and Trading Co Pty Ltd v Wade (1955) 94 CLR 593 Allcard
Australian Consumer Law Read More »
INJUNCTIONS 1 Nature of injunctions 1.1 Definition: An injunction is an order of the court which either prohibits/forbids a person or legal entity from performing an action or requires the person or legal entity to do something. Purpose: To protect the rights of a person or legal entity in situations where the infringement
Key Cases: Declarations Australian Oil Exploration Ltd v Lachberg (1958) 101 CLR 119 Guaranty Trust Co of New York v Hannay & Co [1915] 2 KB 536 Foster v Jododex Aust. Pty Ltd (1972) 127 CLR 421 Liverpool & London & Globe Insurance Co Ltd v J W Deaves Pty Ltd [1971] 2 NSWLR
Declarations, Rectification and Delivery Up Read More »
Elements Plaintiff has a cause of action in contract – namely, a breach of contract; Defendent’s breach of contract has in fact injured or caused a loss to the plaintiff – causation; The loss suffered by P is not too remote; and P has not breached his or her ‘duty’ to mitigate unnecessary loss The
Contract Compensation Read More »
Rescission Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview effective transaction. Prior to rescission, the transaction is voidable rather than void à valid and effective, albeit subject to avoidance at the election of
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Rescission Nature of the Remedy (general) Rescission is the reversal of a transaction so that each party is restored to its original position. Rescission is a remedy of both the common law and equity. Common law rescission is confined to contracts, but rescission in equity extends to gifts and other transactions. Rescission and termination (void
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Indigenous Acknowledgement
We acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
