Business and Law in Australia

Business and Law in Australia

By Shayne Davenport, David Parker

Book

$117.00 RRP

Date: 21/12/2011

Code: 9780455229591

Thomson Reuters, AUSTRALIA

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Description

Business and Law in Australia assists students to understand the concepts and principles of business law in the current Australian commercial law environment. To enable students to understand the legal framework which underpins business law, this work contains a concise outline of the components that make up the historical and modern Australian legal system, a plain language explanation of contract law, and an overview of the different business organisations and their means of operation. It also provides a precise summary of some of the diverse areas of law that impact on the conduct of business, including criminal law, the law of torts and business ethics.

Several significant and recent legislative developments impacting the Australian commercial law environment have been incorporated into this edition, including:

  • the introduction in 2011 of the Competition and Consumer Act 2010, covering new unfair contract terms provisions and consumer guarantees;
  • the National Credit Code introduced by the National Consumer Credit Protection Act 2009;
  • the proposed introduction of a new and comprehensive registration system for security interests in personal property through the Personal Property Securities Act 2009;
  • amendments to the Bankruptcy Act;
  • proposed amendments to the Insurance Contracts Act;
  • expanded treatment of the role of equity in commercial relationships with a discussion of fiduciary duties; and
  • proposed amendments to intellectual property laws by the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011.

As the successor title to Gibson’s Commercial Law: In Principle 3rd edition, this edition retains many of the popular features of the original work. Flowcharts and tables, guides to problem solving and practice questions throughout the work map out complex concepts and aid student learning, ensuring that Business Law in Australia is an excellent learning tool for LLB and commercial or business law students.

Editorial Reviews

From: The Law Society of Tasmania, March 2012
Reviewed by Phillip Pawson

A textbook for law students needs to achieve two things. It needs to present the material to be learned and assist the student to fully understand and integrate that material into their mental library of legal knowledge. This textbook, Business and Law in Australia does both very well. A wide ranging array of topics related to business law is covered in adequate depth for the purposes of the student, with quite comprehensive tables of cases and statutes. In addition to the expected, topics of particular interest include international sales contracts, electronic commerce, and consumer protection.

Chapters introduce major subjects with an overview and terminology section. The essential principles of each subject are disclosed in a way that aids learning.

Of further assistance to students are the very helpful tutorial questions, guides to problem solving and post-chapter questions with answers. The book contains many tables and charts to aid in the understanding of complex topics. Case law is well-represented with briefs throughout the text and an extensive table of cases.

This book is a well-written introduction and overview of Australian business law. In addition to covering a wide range of topics directly on business law, it discusses related history and allied legal topics such as torts, criminal law, and ethics. It is so well written that almost anyone, with a law school education or not, can use it to understand the basics of Australian business law.

Table of Contents

1. The Australian Legal System
2. Introduction to the Law of Contract
3. Offer and Acceptance
4. Intention to Create Legal Relations
5. Consideration and Estoppel
6. Contractual Capacity
7. Consent of Parties: Mistake, Misrepresentation and Unconscionable Contracts
8. The Legality of a Contract
9. Contents and Interpretation of the Contract
10. The Operation of the Contract
11. Ending a Contract
12. Remedies and Restitution
13. Agency
14. Sale of Goods
15. International Sales Contracts
16. The Law of Electronic Commerce
17. Consumer Protection
18. Restrictive Trade Practices
19. Credit Law
20. Guarantees
21. Bailments
22. Property
23. Negotiable Instruments I: Bills of Exchange
24. Negotiable Instruments II: Cheques
25. Insurance
26. Business Organisations which are Not Companies
27. Company Law
28. Law of Torts
29. The Law of Trusts
30. Intellectual Property
31. Bankruptcy
32. Criminal Law
33. Business Ethics

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