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Australian Business Law 2015, 34th Edition

Australian Business Law 2015, 34th Edition

Author: Paul Latimer
Publisher: Oxford University Press Australia
ISBN: 9781925159691
Published In: January 2015
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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

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