Introduction to Law

Question 1

What is the Rule of Law?

Answer 1

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

Question 2

What is the purpose of law?

Answer 2

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

Question 3

What is Statute Law?

Answer 3

Made by parliaments, passed as Acts.

Question 4

What is Common Law?

Answer 4

Developed by courts using precedents.

Question 5

What is Terra Nullius?

Answer 5

A misinterpreted concept rejected by the High Court in Mabo v Queensland (1992).

Question 6

What was the significance of the Mabo Decision (1992)?

Answer 6

It recognised Indigenous native title if:
1. Traditional connection to land existed pre-1788.
2. Land not extinguished by Crown Grant.

Question 7

What did the Native Title Act (1993) create?

Answer 7

It created the National Native Title Tribunal.

Question 8

What is the highest court in Australia?

Answer 8

High Court of Australia

Question 9

What are the two federal courts in Australia?

Answer 9

Federal Court / Family Court

Question 10

What is the highest court in each state?

Answer 10

State Supreme Courts

Question 11

What type of court is below the State Supreme Courts?

Answer 11

County Courts

Question 12

What is the lowest level of court in the hierarchy?

Answer 12

Magistrates Courts

Question 13

What are Tribunals in Australia?

Answer 13

Tribunals (e.g., VCAT): Accessible, informal, and low-cost.

Question 14

What is the role of a Plaintiff?

Answer 14

Initiates civil case.

Question 15

What is the role of a Defendant?

Answer 15

Responds to complaint or charge.

Question 16

What is the role of a Barrister/Solicitor?

Answer 16

Represents clients; solicitors may brief barristers.

Question 17

What are the various justice roles?

Answer 17

DPP, Ombudsman, Magistrate, Judge, JP.

Question 18

What is the first key area in the formation of a contract?

Answer 18

Formation

Question 19

What is the second key area in the formation of a contract?

Answer 19

Content

Question 20

What is the third key area in the formation of a contract?

Answer 20

Avoidance

Question 21

What is the fourth key area in the formation of a contract?

Answer 21

Performance & Termination

Question 22

What is the fifth key area in the formation of a contract?

Answer 22

Remedies

Question 23

What are Vitiating factors?

Answer 23

Misrepresentation
Mistake
Duress
Undue Influence
Unconscionable Conduct
Illegality

Question 24

What is an Offer in a valid contract?

Answer 24

Promise made with intention to be legally bound.

Carlill v Carbolic Smoke Ball Co—offer to world, unilateral contract.

Question 25

What is Acceptance in a valid contract?

Answer 25

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

Question 26

What is Consideration in a valid contract?

Answer 26

Something of value exchanged (real, not past). ## Footnote White v Bluett—no real value = no consideration.

Question 27

What is Intention to Create Legal Relations?

Answer 27

A necessary element for a valid contract.

Question 28

What are Capacity & Consent in a valid contract?

Answer 28

Requirements ensuring parties can legally enter into a contract.

Question 29

What is the result of a breach of condition?

Answer 29

Termination of the contract and damages.

Question 30

What is the result of a breach of warranty?

Answer 30

Damages only.

Question 31

What do exclusion clauses do?

Answer 31

Limit liability, but some laws restrict them.

Question 32

What are the key concepts related to termination?

Answer 32

Performance, agreement, breach, frustration.

Question 33

What are the common law remedies?

Answer 33

Damages and liquidated claims.

Question 34

What are the equity remedies?

Answer 34

Specific performance and injunctions.

Question 35

What is an Agent?

Answer 35

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

Question 36

What is the scope of Agency?

Answer 36

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

Question 37

What are the types of Agents?

Answer 37

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

Question 38

What are the types of Authority?

Answer 38

Actual Authority: Express: Clearly stated by the principal. Implied: Necessary to carry out express authority. Apparent Authority (Ostensible): Third parties reasonably believe agent has authority based on principal's conduct.

Question 39

What are the Agent's Duties to Principal?

Answer 39

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

Question 40

What are the Agent’s Rights?

Answer 40

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

Question 41

What are the ways to terminate an Agency?

Answer 41

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

Question 42

What are Secret Commissions?

Answer 42

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