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legal studies :) > FIA4 > Flashcards

FIA4 Flashcards

1
Q

what are the elements of a contract ?

A

offer, acceptance and consideration

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2
Q

define offer ?

A

a promise to an individual to be legally bound

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3
Q

define acceptance ?

A

where the offeree accepts the offer from the offeror

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4
Q

define consideration ?

A

it is the exchange of items of value

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5
Q

how is a contract discharged ?

A

it is discharged when a breach of contract occurs

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6
Q

define breach of contract ?

A

it is where one party of the contract fails to perform a term that formed a part or all of the contract

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7
Q

what are defences to a breach of contract ?

A

misrepresentation, duress, illegal contract, frustration and unconscionable conduct

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8
Q

what remedies are available for a breach of contract ?

A

specific performance and damages

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9
Q

define specific performance

A

the performance of a contractual duty, as ordered in cases where damages would not be adequate remedy

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10
Q

define injunction ?

A

it is a direct order from the court to a party to do a specific action, or more commonly not too

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11
Q

define precedent ?

A

it is a principle or rule established

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12
Q

define balance of probabilities ?

A

it is the requisite standard of proof which a trier of fact must determine the existence of

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13
Q

define plaintiff ?

A

the person who brings a case against another in the court of law

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14
Q

define defendant ?

A

the individual, company or institute which is being accused in the court of law

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15
Q

define alternative dispute resolution ?

A

the use of methods such as mediation or arbitration to resolve a dispute without any sort of litigation

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16
Q

define counter claim ?

A

a claim made to rebut a previous claim

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17
Q

define damages ?

A

a sum of money awarded to a victim by the court to replace monetary value which may have been lost or damaged

18
Q

define terms ?

A

provision forming part of a contract

19
Q

define cause ?

A

a fact or combination of facts that gives a person the right to seek judicial redress

20
Q

explain the difference between an offer and an invitation to treat ?

A

an offer directly allows a party to enter into a legally binding agreement, whereas an invitation to treat only invites the other party to make negotiations and offers to the seller

21
Q

identify the objectives of the civil dispute resolution act 2011 ?

A

to ensure people resolve disputes before certain civil proceedings are instituted, promote a move away from an adversarial approach to litigation and improve access to justice by encouraging early dispute resolution

22
Q

explain part 6 of the civil proceedings act 2011 (QLD) ?

A

preliminary, the opportunity for litigants to participate in ADR processes > interpretation, an ADR process of mediation or case appraisal > ADR process, where parties may agree to ADR process and court may refer dispute to ADR process

23
Q

explain the difference between conditions and warranties ?

A

a condition is an obligation, which requires being fulfilled before another proposition takes place, whereas a warranty is surety given by the seller regarding the stage of the product

24
Q

identify the facilitative processes of alternative dispute resolution ?

A

mediation, conciliation and facilitation

25
Q

identify the determinative processes of alternative dispute resolution ?

A

arbitration, expert determination and private judging

26
Q

explain the difference between facilitative process and a determinative process of alternative dispute resolution ?

A

the main difference is that facilitative process helps parties to identify issues in disputes whereas determinative process a dispute resolution practitioner evaluates and makes a decision on the disagreement

27
Q

explain the need for contract law ?

A

it provides remedies for breaches of contract

28
Q

explain why consumer protection provisions are needed in addition to the general law of contract ?

A

this is because consumers need to be able to obtain accurate, unbiased information about the product and services they purchase

29
Q

explain the role of the Australian consumer law in providing consumer protection ?

A

the Australian consumer law sets out consumer rights which include rights to repair, refund or replacements

30
Q

explain the three main remedies for breaches of contract for goods or services under the Australian consumer law (2010) ?

A

award of damages, specific performance and reccission

31
Q

explain when the ACL does not apply to contracts for purchase of goods and services ?

A

when the goods or service cost more than $100,000

32
Q

explain how effective is the current legislation in protecting consumer and businesses rights ?

A

it is very effective as it continuously prevents dangerous or unethical business practices such as false advertising

33
Q

define issue ?

A

a person’s lineal descendants, not limited to their children

34
Q

define decisions ?

A

a determination of parties right and obligations reached by a court based on facts and law

35
Q

define remedies ?

A

a form of court enforcement of legal right resulting from a successful civil lawsuit

36
Q

explain the roles of the Australian consumer law ?

A

it aims to provide consumers with protection against unfair practices in a transparent and fair manner

37
Q

explain the enforcements and remedies available ?

A

official warnings, infringement notices, a court injunction and enforceable injunction

38
Q

types of civil law ?

A

contract and tort

39
Q

define tort ?

A

no established relation, court have to decide

40
Q

define contract ?

A

a clear, established relationship, legally binding

legal studies :) (1 decks)

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