Australian Business Law 2015, 34th Edition

Business / Commercial Law

Australian Business Law 2015, 34th Edition

By Paul Latimer
Oxford University Press Australia January 2015

Specifications

ISBN-13
9781925159691
Publisher
Oxford University Press Australia
Publication
January 2015
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Australian Business Law is a must-have for law and business students, practitioners and those interested in modern business law.

It discusses the main areas of the law affecting business and includes case examples, references to legislation, links to the main government (and other) websites and flow charts and diagrams to support explanations.

The text has been reviewed and updated to improve readability and to reflect changes to the law, including those made by the Australian Consumer Law (ACL), Competition and Consumer Act, National Credit Code, Personal Property Securities Act, FOFA reforms and the “raising the bar” amendments.

 
This 2015 edition contains valuable expanded commentary on:
  • Amendments to the Copyright Act
  • The Franchising Code of Conduct 2014
  • The repeal of the carbon tax and the new carbon tax price reduction obligation
  • Obligations of the banking and finance sector
  • Intellectual property
  • The General Insurance Code of Practice 2014
 
It also includes the most recent case examples to illustrate the application of law in:
  • What can be patented
  • Non-traditional trade marks
  • Promissory estoppel
  • Unconscionable conduct under the ACL
  • Unfair contract terms
  • Cartel conduct
  • Responsible lending laws
  • Bailment
  • Banking
  • The regulation of insurance intermediaries.

Table of Contents

1. Introduction to Business Law
Introduction
The legal system and the administration of law
Sources of the law
Legal procedure
Regulations of business
Interpretation of statutes
 
2. Crime in the Business World
The criminal process
The criminal trial
Who can commit crimes?
White-collar crime
Overview of white-collar offences
 
3. Property
What is property?
Definition of land
Ownership of land
Legal and equitable interests in land
Torrens title and general law/old system title
Acquiring ownership of real or personal property
Intellectual property
Wills and succession
Leases
 
4. Tort in the Business World
Introduction to the law of tort
Negligence
Damages
Negligent misstatement
 
5. Formation of Contract
Formation of a contract
Intention to create legal relations
Agreement
Consideration
Legal capacity
Genuine consent
Legality of objects
 
6. Operation of the Contract
Contents of the contract
Parties to the contract (privity of contract)
The end of the contract
Remedies for breach of contract
 
7. Consumer Law
Introduction
Sale of goods
Manufacturers' liability/product liability
Consumer protection under the Australian consumer law
Industry codes
Carbon tax price reduction obligation
Consumer protection enforcement and remedies under the ACL
 
8. Competition Law
Competition law - an overview
Anti-competitive agreements
Cartel conduct and price signalling
Covenants affecting land and prices
Primary boycotts
Secondary boycotts
Misuse of market power
Exclusive dealing
Third line forcing
Resale price maintenance
Mergers and other acquisitions
Authorisations and notifications
Review by tribunal of determinations of ACCC
Enforcement and remedies under the CCA

9. Business Structures
Forms of business ownership
Sole trader
Partnership
Joint venture
Incorporated company
Association
Trust
Franchise
 
10. Partnership
Regulation of partnership
What is a partnership?
Relations of partners to outsiders
Relations between partners
Dissolution of partnership and its consequences
 
11. Agency
Concept, creation, authority
Duties and rights of agent
Liabilities in agency law
Ending the agency
 
12. Business Names
Protection of business names
 
13. Business Finance and Bankruptcy Law
Business finance and bankruptcy law
Financing a business - legal
Bankruptcy law
 
14. Consumer Credit
Consumer credit overview
Regulation under the national credit code
 
15 Bailment
Concept and classifications
Duties of the bailee
Duties of the bailor
Remedies against third parties
Termination
 
16. Banking Law
The Australian financial system
Banker/customer relationship
Cheques
Other banking and finance facilities
Electronic banking
Cards
 
17. Insurance
Insurance regulation
Types of insurance policies
Making the insurance contract
Insurable interest
Indemnity
Good faith/disclosure
Misrepresentation
Insurance intermediaries
Interpretation of the insurance policy
Claims - notice, proof and measurement of loss
 
Glossary
Key to Abbreviations
Table of Cases
Table of Statutes
Index

About the Author

Paul Latimer – Associate Professor, Department of Business Law and Taxation, Monash University

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