Basics of Law

Question 1

Rule of Law:

Answer 1

Everyone is equal under the law, and the presumption of innocence is core.

Question 2

Purpose of Law

Answer 2

To maintain order, resolve disputes, and allow societal advancement.

Question 3

Statute Law

Answer 3

Made by parliaments, passed as Acts.

Question 4

Common Law

Answer 4

Developed by courts using precedents.

Question 5

Court Hierarchy

Answer 5

• High Court of Australia
• Federal Court / Family Court
• State Supreme Courts
• County Courts
• Magistrates Courts
• Tribunals (e.g., VCAT): Accessible, informal, and low-cost.

Question 6

Main Players in Civil Case

Answer 6

Plaintiff vs Defendant

Question 7

Main Players in Criminal

Answer 7

Crown (state) vs defandant

Question 8

Who proves their case?

Answer 8

Civil - Plaintiff
Criminial - Crown

Question 9

Standard of proof

Answer 9

Civil - Balance of probabilities
Criminal - Beyond reasonable doubt

Question 10

Juries

Answer 10

Sometimes in civil, only in serious cases for criminal

Question 11

Results

Answer 11

Civil - based on proved or not proved
Criminal - Guilty or not guilty

Question 12

Outcome

Answer 12

Remedies - Jail/fine

Question 13

Formation of Contract

Answer 13

Agreement;
* Offer
* Acceptance
Consideration;
Intention;
Capacity;
Genuine Consent; and
Legality.

Question 14

Key areas of contract law

Answer 14

Formation
Content
Avoidance
Performance & Termination
Remedies

Question 15

Offer

Answer 15

Promise made with intention to be legally bound.
Has to be distinguished from offer to deal

Question 16

Acceptance

Answer 16

Must be communicated clearly (postal rule applies for mail).

Question 17

Consideration

Answer 17

Something of value exchanged (real, not past).

Question 18

Intention

Answer 18

parties to an
agreement must intend to create legal
relations

Question 19

Capacity to contract

Answer 19

Must have contractual abilities
- Mental disorder and intoxication
* Bankrupts
* Minors
* Companies

Question 20

Consent

Answer 20

Free will

Question 21

What is the scope and content in contract

Answer 21

Privacy terms
Terms of the contract
Construction (Interpretation)
Classification of terms
Exclusion clauses

Question 22

Ways to terminate a contract

Answer 22

Performance, agreement, breach, frustration.

Question 23

Remedies

Answer 23

Common Law: Damages, liquidated claims.

Equity: Specific performance, injunctions.

Question 24

What is an agent

Answer 24

A person authorised to act on behalf of another (the Principal).

Question 25

Scope of Agency

Answer 25

Principal is bound by agent’s actions if within authority.

Question 26

Types of agents

Answer 26

Special Agent: One specific task. General Agent: Ongoing authority in certain class. Universal Agent: Full authority (e.g., power of attorney).

Question 27

Authority types

Answer 27

Express: Clearly stated by the principal. Implied: Necessary to carry out express authority.

Question 28

Apparent authority

Answer 28

Third parties reasonably believe agent has authority based on principal's conduct.

Question 29

Agent's Duties to Principal

Answer 29

Act in good faith, avoid conflict of interest, follow instructions, disclose relevant info.

Question 30

Agent’s Rights

Answer 30

Remuneration Indemnity and reimbursement Lien over principal’s goods Stoppage in transitu (if principal becomes insolvent)

Question 31

Termination of Agency

Answer 31

By Act of Parties: Mutual agreement, revocation, renunciation. By Law: Completion, death, bankruptcy, insanity, illegality, or destruction of subject matter.

Question 32

Secret Commission

Answer 32

A receives benefit secretly = criminal offence. Remedies for P: Dismissal of agent, recover commission, sue for damages.