LAW flashcards PDF

Title LAW flashcards
Author Mims Ross
Course Introduction to Business Law
Institution Swinburne University of Technology
Pages 2
File Size 63.3 KB
File Type PDF
Total Downloads 35
Total Views 125

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Terra nullius 'Land belonging to no one' International law used by Australian settlers to claim land as their own Mabo v Queensland 1992 Judicial recognition given with regards to land Creation of Native Title Act 1993 (Cth) Federal System Two legal systems -Commonwealth -that of each state Role of Australian constitution sets out powers of federal government an its relationship with the states what happens if there is inconsistency between state and commonwealth law commonwealth law always prevails the executive administers and policies the law the legislature makes laws/statues the judiciary interprets the law and determines sanctions for its breach ay is mentally incompetent but has not been so adjudged by a court. Any contract Fay enters into is voidable if Fay lacks the capacity to comprehend the consequences. Gene, an accountant, convinces his client Hazel to sign a contract to invest her savings in 2Gether, a nonexistent social-networking Web site. There is clear and convincing evidence that Hazel did not act out of her free will. This is undue influence. Through fraudulent means, Finlay induces Ethel to sign a contract to invest with him the profits from her business. When Ethel learns the truth, she may enforce the contract or recover what she invested with Finlay Morris threatens physical harm to force Barb to contract to pay him for protecting her store—Barb's Baubles—against vandalism and destruction. Barb may rescind the contract or refuse to comply with its terms. Vijay enters into a contract to sell his laptop to Winnie. Winnie takes possession of the laptop as a minor and continues to use it well after reaching the age of majority. Winnie has impliedly ratified the contract

Hal's True Hardware Stores and Ideal Tools, Inc., sign a written contract for a sale of goods. To be enforceable, this written contract must include a quantity term, such as "50 hammers" or "100 boxes of assorted nails." Phoebe enters into a contract with Everest for a guided tour of Whitewater Canyon. Everest represents that he is an experienced, knowledgeable guide, when in reality he has never been in the canyon. Phoebe is most likely a victim of fraud. Rosalind, a seventeen-year-old, signs a contract to sell her car to Street Fleet Used Cars. The next day, Rosalind tells Street Fleet that she's decided not to sell the car. Rosalind is liable to Street Fleet for nothing. Abner tells a representative of Brass & Woodwind Musical Instruments, Inc., that he will pay for Claudia's trumpet if she does not. Abner does not secure any personal benefit for this promise. This promise is enforceable as a contract only if it is in writing. Dumont threatens physical harm to force Eddie to sell his business, Citywide Vending, Inc., to Dumont for a below-market price. This is duress. Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by none of the choices. Nyoko signs a covenant not to compete with her employer, Midstates Distribution, Inc. The covenant will be enforced if it is reasonable with respect to geographic area and duration Creighton applies to BigData Corporation for a position as a software engineer. Creighton's resume lists training in computers or programming and background as an engineer when in fact he has neither. After Creighton is hired, BigData learns the truth. BigData can rescind the contract on the basis of fraud. Metro City Mall requires its tenants to sign a lease that includes a clause releasing Metro from liability in the event of monetary or physical injury no matter who is at fault. Coco's Chocolate Creations signs a lease with the mall that contains the clause. This is an exculpatory clause. https://quizlet.com/275644098/business-law-chapter-9-flash-cards/...


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