TABL1710 Review PDF

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Summary

Final Review ...

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-consumer law comes from ASIC acts not ACL -role of ACCC -consumer guarantee provision—implied non-excludible terms that guarantee consumer goods are fixed for purpose, acceptable quality (s54) --applied to the supplier and manufacturer -number of guarantees to the manufacturers -unfair business practise: s18, 20-22, s29 (false representation) -articulate what provisions do, conduct that covered, key principles, breach consequences -how product safety and manufacturer’s liability -how product safety rules and information standards work -what obligation that impose on the manufacturer and the supplier -manufacturers’ liability rule -ways that manufacturer can be liable for sth wrong that they produce under what provision of ACL -what plaintiff has to prove -provisions of ACL is not mutually exclusive i.e. one thing that done can breach a few provisions -potential consequences for business who breach the provisions of the ACL

Property -what is property in legal sense -nature of the property rights -real property e.g. land, fixtures, scope of land—heavens to the centre of the earth -system of title and transfer of land -how ownership of real property change -Torrens system E.g. what is mean of the Torrens system land -basis system what is mean by the land owner -rules of co-ownership, how to co-own -understanding what’s cover in the lecture of the personal property and property as security -NO LEASES -NO INTELLECTUAL PROPERTY

competition law -why competition is important -how to identify the market -most conduct is only prohibited if it has purpose of effect/likely effect that substantially lessen the competition -role of ACCC to regulators -five areas cartels, misuse of market power, resale price maintenance, exclusive dealing, and provision about anti-competitive mergers

articulate what consumer law are, type of conduct about, section, key principles, case examples -what business can do Eg: when to ask ACCC for authorisation, consequences of breaching—enforcement&penality -FOCUS ON COVERED IN LECT -ACCC WEBSITE

TORTS -what a tort is -principle of tort of negligence -FIVE ELEMENTS AND BREAK DOWN -principles of each element –for quantum, understand the relationship that defence do related to the quantum -where principle comes from (common law—duty of care, breach &damage/loss—statue) -structure your answer -occupier’s liability –obligations in terms of the duty of care to the people Eg:slip over in front of your shop -manufacture’s liability---case of underpants -negligence in the form of words—form of advice, information -negligence misstatement and professional negligence -vicarious liability focus on lec -no material in chapter 22! -not economic torts...