Legilsation - Contract

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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