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Business and Law in Australia: 2nd edition
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Business and Law in Australia: 2nd edition

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Overview
Published 8 July 2015 (Lawbook co.)
ISBN: 9780455234595. Soft Cover.
Description

By Shayne Davenport, David Parker

Business and Law in Australia2nd Edition assists students to understand the concepts and principles of business law in the current Australian commercial law environment. This work contains a concise outline of the components that make up the historical and modern Australian legal system, a plain language explanation of contract law, and an overview of the different business organisations and their means of operation, to help students understand the legal framework which underpins business law. Also included are summaries of some of the diverse areas of law that have an impact on the conduct of business, including criminal law, the law of torts and business ethics. 

Several significant and recent legislative developments affecting the Australian commercial law environment have been incorporated into this edition, including:

  • An update on new legislation applying to company law, such as the Corporations Amendment (Phoenixing and Other Measures) Act 2012 (Cth), and proposed legislation on ‘Similar Names’ companies that re-register with a similar name after being liquidated.
  • Commentary on the Competition Policy Review Final Report (the Harper Review) and recommended changes to competition law.
  • Discussion of the amended general provisions of the Competition and Consumer Act 2010 (Cth) relating to unconscionability and the specific provisions on price signalling.
  • Integrated treatment of the Personal Property Securities Act 2009 (Cth), including discussion of its application to areas such as security over personal property, bailment and sale of goods.
  • Updated commentary on the laws relating to intellectual property as a result of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth).
  • Amendments to the Insurance Contracts Act 1984 (Cth) by the Insurance Contracts Amendment Act 2013 (Cth), including changes to the duty of disclosure and new remedies for non-disclosure with respect to life insurance contracts.
  • Important new cases on competition law, insurance law, consumer law and sale of goods. 

Flowcharts and tables, guides to problem solving and practice questions throughout the work map out complex concepts and aid student learning, ensuring that Business and Law in Australia is an excellent learning tool for LLB and commercial or business law students.

TABLE OF CONTENTS

  1. The Australian Legal System
  2. Introduction to the Law of Contract
  3. Offer and Acceptance
  4. Intention to Create Legal Relations
  5. Consideration, Estoppel and Formalities
  6. Contractual Capacity
  7. Consent of Parties: Mistake, Misrepresentation and Unconscionable Contracts
  8. Legality of Object
  9. Contents and Interpretation of the Contract
  10. The Operation of the Contract
  11. Termination of a Contract
  12. Remedies and Restitution
  13. Agency
  14. Sale of Goods
  15. International Sales Contracts
  16. The Law of Electronic Commerce
  17. Consumer Protection
  18. Restrictive Trade Practices
  19. Credit Law
  20. Guarantees
  21. Bailments
  22. Property
  23. Negotiable Instruments I: Bills of Exchange
  24. Negotiable Instruments II: Cheques
  25. Insurance
  26. Partnership
  27. Company Law
  28. Law of Torts
  29. Law of Trusts
  30. Intellectual Property
  31. Bankruptcy
  32. Criminal Law
  33. Business Ethics
  34. Employment Law
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