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Legilsation Notes

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This is an extract of our Legilsation document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

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LEGISLATION

Offer Section A person must not in trade or commerce, engage in 18
conduct that is misleading or deceptive, or is likely to
mislead or deceive
Section A person commits an offense if: a) the person, in trade or 35
commerce, advertises goods or services for supply at a
Competition
specified price; and b), there are reasonable grounds for
and Consumer
believing that the person will not be able to offer for
Act (2010) Cth
supply those goods or services at that price for a period
that is, and in quantities that are, reasonable, having
regard to: i) the nature of the market in which the person
carries on business and ii) the nature of the advertisement. Acceptance Section Assertion of right to payment for unsolicited goods or 40
services
1) A person must not, in trade or commerce, assert a right
to payment from another person for unsolicited goods
unless the person has reasonable cause to believe that
there is a right to the payment.
Australian
Section Liability etc. of recipient for unsolicited goods,
Consumer Law 41
1) If a person, in trade or commerce, supplies unsolicited
goods to another person, the other person :
(a) is not liable to make any payment for the goods; and
(b) is not liable for loss of or damage to the goods, other
than loss or damage resulting from the other person doing
a wilful and unlawful act in relation to the goods during
the recovery period.
Electronic
Section 1. If the addressee of an electronic communication has
Transactions 24
designated an information system to receive electronic
Act (Qld)
communications, then, unless otherwise agreed ..., the
time of receipt of the communication is the time when it
enters the information system. Statute of
Frauds (1677)
Property Law
Act 1974

UK

2. If the addressee of an electronic communication has not
designated an information system ... then the time of
receipt of the communication is the time when it comes to
the attention of the addressee.
Contracts must be in writing or evidenced in writing Section Guarantees must be in writing 56
No action may be brought upon any promise to guarantee
any liability of another unless the promise upon which
such action is brought, or some memorandum or note of
the promise, is in writing and signed by the party to be
charged, or by some other person by the party lawfully
PAGE 23

authorised.
Section No action may be brought upon any contract for the sale or 59
other disposition of land or any interest in land unless the
contract upon which such action is brought, or some
memorandum or note of the contract, is in writing and
signed by the party to be charged or by some person by
the party lawfully authorised

Capacity and Law Reform Act Section The age of majority is 18 years
Privity 1955 (Qld) 17

Sale of Goods Section Capacity to buy and sell is regulated by the general law
Act 1896 (Qld) 5
concerning capacity to contract, and to transfer and
acquire property.

2. However, when necessaries are sold and delivered to an
infant, or to a person who by reason of mental incapacity
or drunkenness is incompetent to contract, the person
must pay a reasonable price therefore.

3. In this section - necessaries means good suitable to
the condition in life of such infant or other person, and
to his or her actual requirements at the time of the
sale and delivery
Insurance
Contracts Act 1984 (Cth) Section Entitlement of named persons to claim 48

1. Where a person who is not a party to a contract of
general insurance is specified or referred to in the
contract, whether by name or otherwise, as a person to
whom the insurance cover provided by the contract
extends, that person has a right to recover the amount of
the persons loss from the insurer in accordance with the
contract notwithstanding that the person is not a party to
the contract
Section 1. A promisor who, for a valuable consideration moving 55
from the promise, promises to do or to refrain from doing
an act or acts for the benefit of a beneficiary shall, upon
acceptance by the beneficiary, be subject to a duty
enforceable by the beneficiary to perform that promise
Section 3) Upon acceptance---
55, ss 3
(a) the beneficiary shall be entitled in the beneficiary's
Property Law
own name to such remedies and relief as may be just and
Act 1974 (Qld)
convenient for the enforcement of the duty of the

promisor, and relief by way of specific performance,
injunction or otherwise shall not be refused solely on the
ground that, as against the promisor, the beneficiary may
be a volunteer; and
(b) the beneficiary shall be bound by the promise and
subject to a duty enforceable against the beneficiary in the
beneficiary's own name to do or refrain from doing such


PAGE 24

act or acts (if any) as may by the terms of the promise be
required of the beneficiary
Section In this section---acceptance means an assent by words or
55, ss 6 conduct communicated by or on behalf of the beneficiary
to the promisor, or to some person authorised on the
promisor's behalf, in the manner (if any), and within the
time, specified in the promise or, if no time is specified,
within a reasonable time of the promise coming to the
notice of the beneficiary.
beneficiary means a person other than the promisor or
promisee, and includes a person who, at the time of
acceptance is identified and in existence, although that
person may not have been identified or in existence at the
time when the promise was given.
promise means a promise---
(a) which is or appears to be intended to be legally
binding; and
(b) which creates or appears to be intended to create a
duty enforceable by a beneficiary; and includes a promise
whether made by deed, or in writing, or, subject to this Act,
orally, or partly in writing and partly orally.
Implied
Terms Section Implied undertaking as to title 15
In a contract of sale, unless the circumstances of the
contract are such as to show a different intention, there
is--- Sale of Goods
Act

(a) an implied condition on the part of the seller that in
the case of a sale the seller has a right to sell the
goods, and that in the case of an agreement to sell
the seller will have a right to sell the goods at the
time when the property is to pass

Section Implied conditions as to quality or fitness 17
Subject to the provisions of this Act and of any statute in
that behalf, there is no implied warranty or condition as to
the quality or fitness for any particular purpose of goods
supplied under a contract of sale, except as follows---
when the buyer, expressly or by implication, makes known
to the seller the particular purpose for which the goods are
required, so as to show that the buyer relies on the seller's
skill or judgment, and the goods are of a description which
it is in the course of the seller's business to supply
(whether the seller is the manufacturer or not), there is an
PAGE 25

implied condition that the goods shall be reasonably
fit for such purpose
Section Sale by sample 18
(2) In the case of a contract for sale by sample---
(a) there is an implied condition that the bulk shall
correspond with the sample in quality;
(b) there is an implied condition that the buyer shall have
a reasonable opportunity of comparing the bulk with the
sample;
(c) there is an implied condition that the goods shall be
free from any defect, rendering them unmerchantable,
which would not be apparent on reasonable examination
of the sample.
Australian
Section Guarantee as to acceptable quality
Consumer Law 54
(1) If: (a) a person supplies, in trade or commerce, goods
to a

consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the goods are of acceptable
quality.
(2) Goods are of acceptable quality if they are as:
(a) fit for all the purposes for which goods of that kind are
commonly supplied; and
(b) acceptable in appearance and finish; and
(c) free from defects; and
(d) safe; and
(e) durable;
as a reasonable consumer fully acquainted with the state
and condition of the goods (including any hidden defects
of the goods), would regard as acceptable having regard to
the matters in subsection (3).
Section Guarantee relating to the supply of goods by 56
description
(1) If:
(a) a person supplies, in trade or commerce, goods by
description to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the goods correspond with the
description
Section Guarantees not to be excluded etc. by contract 64
(1) A term of a contract (including a term that is not set
out in the contract but is incorporated in the contract by
another term of the contract) is void to the extent that the
term purports to exclude, restrict or modify, or has the


PAGE 26

effect of excluding, restricting or modifying:
(a) the application of all or any of the
provisions of this Division; or
(b) the exercise of a right conferred by such a
provision; or
(c) any liability of a person for a failure to
comply with a guarantee that applies under this Division
to a supply of goods or services.
(2) A term of a contract is not taken, for the
purposes of this section, to exclude, restrict or modify the
application of a provision of this Division unless the term
does so expressly or is inconsistent with the provision.
Interpret of
Terms and
Construction Section Application of provisions not to be excluded or 68
modified
(1) Any term of a contract ... that purports to exclude,
restrict or modify or has the effect of excluding, restricting
or modifying:
(a) the application of all or any of the provisions of this
Division;
(b) the exercise of a right conferred by such a provision;
... is void.

Section Implied undertakings as to title, encumbrances and 69
quiet possession
(1) In every contract for the supply of goods by a
corporation to a consumer, other than a contract to which
subsection (3) applies, there is:
Trade Practices
(a) an implied condition that, in the case of a supply by
Act 1974 (Cth)
way of sale, the supplier has a right to sell the goods, and,
in the case of an agreement to sell or a hire purchase
agreement, the supplier will have a right to sell the goods
at the time when the property is to pass;
(b) an implied warranty that the consumer will enjoy quiet
possession of the goods except so far as it may lawfully be
disturbed by the supplier or by another person who is
entitled to the benefit of any charge or encumbrance
disclosed or known to the consumer before the contract is
made; and
(c) in the case of a contract for the supply of goods under
which the property is to pass or may pass to the
consumer---an implied warranty that the goods are free,
and will remain free until the time when the property
passes, from any charge or encumbrance not disclosed or
known to the consumer before the contract is made.


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