PRESCRIBED TEXT FOR:
Institution: UTS Broadway - First Semester 1501
Course Code: 16467
Subject: Built EnvironmentLaw
Each of the chapters in this 30th edition of Australian Commercial Law has been updated to incorporate the legislative amendments and case law developments since the last edition. The changes made in the new edition include the following:
The Australian Legal System (Ch 1) contains discussion of the new uniform commercial arbitration legislation.
The Contract chapters incorporate a broad range of recent decisions including Mackintosh v Johnson (2013) and the High Court's decision in Kakavas v Crown Melbourne Ltd (2013) on unconscionable conduct (Ch 7); Bendigo and Adelaide Bank Ltd v Karamihos (2014) concerning the application of the Contracts Review Act 1980 (NSW) (Ch 7); Pearson v HRX Holdings Pty Ltd (2012) and Birdanco Nominees Pty Ltd v Money (2012) on restraint of trade provisions (Ch 8); Paciocco v Australia and New Zealand Banking Group Ltd (2014) on penalties (Ch 12); and the High Court's decision in Clark v Macourt (2013) on damages for breach of contract (Ch 12).
The Law of Electronic Commerce (Ch 16) outlines the Australian Privacy Principles (APP) which became effective in March 2014 and new provisions aimed at combatting the increasing problem of cybercrime.
Consumer Protection (Ch 17) includes, together with other recent "misleading or deceptive conduct" cases, the significant decisions of the High Court in Google Inc v ACCC (2013) and ACCC v TPG Internet Pty Ltd (2013) concerning the advertising of goods and services on the Internet.
Restrictive Trade Practices (Ch 18) includes discussion of the Federal Court decisions in ACCC v Flight Centre Ltd (No 2) (2013) and ACCC v Flight Centre Ltd (No 3) (2014) concerning arrangements having the purpose of "substantially lessening competition" in contravention of s 45 of the Competition and Consumer Act 2010 (Cth).
Insurance (Ch 25) incorporates the significant amendments made by the Insurance Contracts Amendment Act 2013 (Cth) to the duty of good faith, the disclosure provisions, the remedies for non-disclosure and misrepresentation and the rights of third party beneficiaries under insurance contracts.
Company Law (Ch 27) has been extensively revised and re-worked.
Intellectual Property (Ch 30) includes the decision of the High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (2013) confirming the patentability of methods of medical treatment and the Full Federal Court decision in D'Arcy v Myriad Genetics Inc (2014) upholding the patentability of "isolated" gene sequences.
The Law of Employment (Ch 34) incorporates the changes made by the Fair Work Amendment Act 2012 (Cth) and the Fair Work Amendment Act 2013 (Cth) and the significant decision of the Full Federal Court in Commonwealth Bank of Australia v Barker (2013) concerning breach of an implied duty of mutual trust and confidence (successfully appealed to the High Court).
Table of Contents
PART 1: INTRODUCTION
1. The Australian Legal System
PART 2: LAW OF CONTRACT
2. Introduction to the Law of Contract
3. Offer and Acceptance
4. Intention to Create Legal Relations
5. Consideration, Promissory 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. Operation of the Contract
11. Termination of a Contract
PART 3: COMMERCIAL TRANSACTIONS
14. Sale of Goods
15. International Sales Contracts
16. The Law of Electronic Commerce
17. Consumer Protection
18. Restrictive Trade Practices
19. Credit Law
23. Negotiable Instruments I: Bills of Exchange
24. Negotiable Instruments II: Cheques
PART 4: BUSINESS ORGANISATION
27. Company Law
PART 5: ALLIED AREAS OF LAW
28. Law of Torts
29. Law of Trusts
30. Intellectual Property
32. Criminal Law
33. Business Ethics
34. Employment Law