1. Government and law in Australia
1.1 Introduction
1.2 The concept of law
1.3 Law as a regulator of behaviour
1.4 "Law" and "justice"
1.5 The classification and organisation of law
1.6 The anatomy of law
1.7 The development of Western European legal systems
1.8 The establishment of the Australian Commonwealth, states and territories
1.9 The structure of government in Australia
1.10 The organs and powers of Australian governments
1.11 Questions to consider
2. Legislation
2.1 Introduction
2.2 The legislative powers of the Australian legislatures
2.3 The legislative process in outline
2.4 The structure of an Act
2.5 Citing and finding legislation
2.6 Interpreting legislation
2.7 Applying legislation to resolve cases
2.8 Questions to consider
3. Case law
3.1 Introduction
3.2 Basic procedure in a court
3.3 Law reports
3.4 Information in law reports
3.5 Citing and locating a law report
3.6 The system of courts in Australia
3.7 The doctrine of precedent
3.8 Binding and persuasive precedents
3.9 The ratio decidendi of a case
3.10 The process of using case law
3.11 Questions to consider
4. Finding law on the internet
4.1 Introduction
4.2 Sources of law
4.3 Electronic databases
4.4 Finding Australian legislation and cases by name
4.5 Using simple search terms to find legislation and cases
4.6 Boolean searching
4.7 Advanced techniques for searching
4.8 Finding legal databases
4.9 Questions to consider
5. Making a contract
5.1 Introduction
5.2 The essential elements of contract formation
5.3 Capacity to contract
5.4 Privity of contract
5.5 Equitable (promissory) estoppel
5.6 Establishing the existence of a contract
5.7 Questions to consider
6. The contents of a contract
6.1 Introduction
6.2 Terms, opinions, puffery and representations
6.3 Express and implied agreement to terms
6.4 Proving the existence of agreed terms
6.5 Terms imposed (implied) by law into all contracts
6.6 Terms imposed (implied) by law to fill gaps in particular kinds of contracts
6.7 Terms imposed (implied) by legislation regarding the quality of goods
6.8 Determining the contents of a contract
6.9 Questions to consider
7. Performance and breach of contract
7.1 Introduction
7.2 Interpreting the terms of a contract
7.3 Discharge of contractual obligations by performance
7.4 Breach of contract
7.5 Assessing the seriousness of a breach of contract
7.6 The consequences of a breach of contract
7.7 Risk and frustration
7.8 Establishing a breach of contract
7.9 Questions to consider
8. Remedies for breach of contract
8.1 Introduction
8.2 Common law remedies
8.3 Equitable remedies
8.4 Statutory remedies
8.5 Agreed remedies
8.6 Choosing an available remedy for breach of contract
8.7 Questions to consider
9. Avoiding a legal transaction
9.1 Introduction
9.2 Duress
9.3 Undue influence
9.4 Unconscionable dealing
9.5 Mistake
9.6 Misrepresentation
9.7 Illegal contracts
9.8 Other circumstances
9.9 Invalidating a legal transaction
9.10 Questions to consider
10. Consumer protection in Australia
10.1 Introduction
10.2 Protection against misleading conduct
10.3 Protection against unconscionable conduct
10.4 Protection against unfair terms in contracts
10.5 Protection against unfair business practices
10.6 Statutory guarantees in consumer transactions
10.7 Unsolicited consumer agreements
10.8 Safety standards
10.9 Applying the Australian Consumer Law
10.10 Questions to consider
11. The law of agency
11.1 Introduction
11.2 Agency relationships
11.3 Obtaining authority to act as an agent
11.4 Ratification of unauthorised Acts
11.5 An agent's duties to their principal
11.6 A principal's duties to their agent
11.7 An agent's contractual liability to third parties
11.8 Acquisitions and dispositions of property by an agent
11.9 A principal's liability for harm caused by their agent
11.10 Agency by operation of law
11.11 Termination of agency
11.12 Appling the law of agency
11.13 Questions to consider
12. The scope of tort law
12.1 Introduction
12.2 Trespass to land
12.3 Trespass to chattels
12.4 Conversion
12.5 Detinue
12.6 Assault
12.7 Battery
12.8 False imprisionment
12.9 Private nuisance
12.10 Liability for animals
12.11 Deceit
12.12 Defamation
12.13 Negligence
12.14 Vicarious liability
12.15 Estbalishing liability for Negligence
12.16 Questions to consider
13. The tort of Negligence
13.1 Introduction
13.2 The element of a duty of care
13.3 The element of a breach of the duty of care
13.4 The element of causation of harm
13.5 Defences
13.6 Determining the existence of Negligence
13.7 Questions to consider
14. Remedies in tort
14.1 Introduction
14.2 compensatory damages for personal injury
14.3 Compensatory damages for wrongful death
14.4 Compensatory damages for harm to property
14.5 Non-compensatory damages
14.6 Injunctions
14.7 Restitution
14.8 Other remedies
14.9 Claiming damages in tort law
14.10 Questions to consider
15. Business organisations in Australia
15.1 Introduction
15.2 Sole traders
15.3 Trusts
15.4 Partnerships
15.5 Joint ventures
15.6 Companies
15.7 Choosing a business organisation
15.8 Questions to consider
16. Selective legislative provisions
16.1 Introduction
16.2 Australian constitutions
16.3 Communication by email
16.4 Consumer protection
16.5 Equitable rules of contract construction
16.6 Frustrated contracts
16.7 Interpretation of legislation
16.8 Sale of goods
16.9 Third party rights under insurance contracts
16.10 Tort law
