This lecture is on negligent misstatements. It is about liability based on negligence for careless statements made by a person, verbally or in writing, in circumstances where the maker of the statement knew or ought to have known that that recipient of the statement would reasonably rely on it. As in negligence generally, there is no need to establish a contractual relationship between the parties. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This lecture is on negligent misstatements. It is about liability based on negligence for careless statements made by a person, verbally or in writing, in circumstances where the maker of the statement knew or ought to have known that that recipient of the statement would reasonably rely on it. As in negligence generally, there is no need to establish a contractual relationship between the parties. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Negligent Misstatements, part III

Negligent Misstatements, part II

Negligent Misstatements, part I

Tort law is introduced and distinguished from crime and contract. Business people may engage in conduct which may amount to civil wrongs for which they may be liable to compensate the victim who has suffered loss. Categories of tort law include negligence, trespass to person and property, detinue, deceit, passing off, nuisance, defamation,  negligent and fraudulent misrepresentation and so on. The law of negligence is the focus in this subject. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Tort law is introduced and distinguished from crime and contract. Business people may engage in conduct which may amount to civil wrongs for which they may be liable to compensate the victim who has suffered loss. Categories of tort law include negligence, trespass to person and property, detinue, deceit, passing off, nuisance, defamation, negligent and fraudulent misrepresentation and so on. The law of negligence is the focus in this subject. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Negligence, part II

Negligence, part I

This week's lecture is on unconscionable conduct/contracts as provided for under ss 20, 21 and 23 of the ACL. s 20 incorporates common law principles established in Commercial Bank of Australia v Amadio;  s 21 targets the conduct of persons in trade or commerce in relation to supply or possible supply and acquisition or possible acquisition of goods or services. It offers no protection to listed companies. s 23 makes void unfair terms in consumer contracts where the contract is a standard form contract. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This week's lecture is on unconscionable conduct/contracts as provided for under ss 20, 21 and 23 of the ACL. s 20 incorporates common law principles established in Commercial Bank of Australia v Amadio; s 21 targets the conduct of persons in trade or commerce in relation to supply or possible supply and acquisition or possible acquisition of goods or services. It offers no protection to listed companies. s 23 makes void unfair terms in consumer contracts where the contract is a standard form contract. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Unfair Contract Terms

Unconscionable Conduct: s 21 ACL

Unconscionable Conduct: Introduction and s 20 ACL

This week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Misleading or Deceptive Conduct, part III

Misleading or Deceptive Conduct, part II

In this introductory subject, students examine legal institutions and practices such as law making and interpretation of laws. The law of contract and its place in commercial law, notably the law of the sale of goods, comprise the body of the unit. Other kinds of civil liability such as fault liability are compared. Students examine the economic and political factors which have influenced the development of this law and assess the impact of the law on business and industrial activity. Students are also introduced to the legal structures available for conducting business in Australia.

Introduction to Business Law

When starting a business in Australia and choosing a business structure, what factors need to be considered? Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

When starting a business in Australia and choosing a business structure, what factors need to be considered? Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Choice of Business Structures, part I

Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Situations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Implied Terms, Categories and Exclusions

This week's discussion is on implied guarantees and specifically implied guarantee as to correspondence with sample and demonstration model, and repairs and spare parts all implied into consumer contracts for sale of good. Also discussed are guarantees implied into consumer contracts for sale of services: due care and skill, supply within reasonable time and fitness for disclosed purpose. Remedies for non-compliance with guarantees are also discussed in relation to sale of goods and supply of services. Lastly, remedies for breach of contracts are discussed generally. This includes common law, equitable and statutory remedies. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This week's discussion is on implied guarantees and specifically implied guarantee as to correspondence with sample and demonstration model, and repairs and spare parts all implied into consumer contracts for sale of good. Also discussed are guarantees implied into consumer contracts for sale of services: due care and skill, supply within reasonable time and fitness for disclosed purpose. Remedies for non-compliance with guarantees are also discussed in relation to sale of goods and supply of services. Lastly, remedies for breach of contracts are discussed generally. This includes common law, equitable and statutory remedies. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Breach of Contract: Equitable Remedies

As an element of a valid contract, consideration requires that something of value be provided in exchange for a promise. The general rule is that s contract will be unenforceable if no consideration is provided. However, a promise not supported by consideration may be enforceable through the application of the doctrine of promissory estoppel. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

As an element of a valid contract, consideration requires that something of value be provided in exchange for a promise. The general rule is that s contract will be unenforceable if no consideration is provided. However, a promise not supported by consideration may be enforceable through the application of the doctrine of promissory estoppel. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Contract: Consideration

These are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

These are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Fitness for Disclosed Purpose

Non-Compliance with Implied Guarantees

Introduction to Implied Guarantees

To have a valid contract, all the elements of a contract must be present. If an offer is made, it must be accepted before an agreement could be said to have been reached. Where an offer is accepted, a binding contract will be created if all other elements are satisfied. One of the other elements is certainty of terms. This requires that all the terms (content of the contract) must be clear and certain, not illusory. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

To have a valid contract, all the elements of a contract must be present. If an offer is made, it must be accepted before an agreement could be said to have been reached. Where an offer is accepted, a binding contract will be created if all other elements are satisfied. One of the other elements is certainty of terms. This requires that all the terms (content of the contract) must be clear and certain, not illusory. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Acceptance and Certainty of Terms

This lecture outlines agency by operation of law, duties of an agent and terminating an agency relationship in Australian business law. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This lecture outlines agency by operation of law, duties of an agent and terminating an agency relationship in Australian business law. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Agency, part III

Here a term is define as a statement which parties intend to have legal force. A term is is also distinguished from a mere represention and express terms are distinguished from implied terms. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Here a term is define as a statement which parties intend to have legal force. A term is is also distinguished from a mere represention and express terms are distinguished from implied terms. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Terms and Interpretation

Breach of Contract: Common Law, Equity and Statute

This lecture outlines the creation of an agency relationship in Australian business law. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Agency, part II

Agency, part I

These are agreements that are entered into online. This lecture is merely introductory: the distinction between different types of online agreements is discussed.  E-offer, e-acceptance and terms and representations in online contracts are also discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

These are agreements that are entered into online. This lecture is merely introductory: the distinction between different types of online agreements is discussed. E-offer, e-acceptance and terms and representations in online contracts are also discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

E-Commerce and E-Business Agreements

The lecture outlines sole trading or sole proprietorship, partnership structure and joint venture structure. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

The lecture outlines sole trading or sole proprietorship, partnership structure and joint venture structure. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Choice of Business Structures, part II

This is an element of a valid contract which distinguishes a social arrangement from an agreement intended to be legall binding. Here we discuss two rebuttable presumptions which apply to commercial transactions and to social arrangements. The courts presume that parties involved ina commercial transaction intend their agreement to be legally binding while parties in a social arrangement do not. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This is an element of a valid contract which distinguishes a social arrangement from an agreement intended to be legall binding. Here we discuss two rebuttable presumptions which apply to commercial transactions and to social arrangements. The courts presume that parties involved ina commercial transaction intend their agreement to be legally binding while parties in a social arrangement do not. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Intention to Create Legal Relations

The lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under which parties are discharged from their obligations under a contract are also discussed. Where a valid contract exists, the law requires that the parties must perform their obligations, so the topic (Discharge) focuses on how obligations are performed and how are parties are discharged from performance. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

The lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under which parties are discharged from their obligations under a contract are also discussed. Where a valid contract exists, the law requires that the parties must perform their obligations, so the topic (Discharge) focuses on how obligations are performed and how are parties are discharged from performance. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

Discharge: Introduction and Discharge by Performance

Vitiating Factors: Unconscionable Conduct

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