Revision session for Business Law, 2010/11 Format of the examination paper Preparing for examination How to read the relevant sections of the Trade Practices

Act 1974 (Cth) How to read a ‘case study’/problem question How to use the problem-solving (IPAC) method How to write answers for short answer type questions How much to write in the examination paper Behaviour in the examination hall Any questions?????

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Final Examination format

The examination paper has been divided into three parts: Parts A, B and C.

Part A consists of 8 short questions. Each question is worth 5 marks. The total marks for Part A is 40.

Part B contains one problem solving question. It contains two issues. The total marks for Part B is 20.

Part C contains 10 multiple choice questions. Each question is worth one mark. The total of Part C is 10.

The examination paper adds 70% towards the total assessment for the subject.

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Preparation for examination

Be guided by your syllabus. Focus on your lecture slides and tutorial notes. Read the textbook topic-wise. Make summary of each topic and try to remember it. Make reference to the page numbers of the textbook where you may

find further information on a particular topic. Read the relevant statute and common law on the topic. Focus only on the case law contained in your textbook.

Try not to memorise the whole book. Read it selectively. Try not to read or memorise the provisions of the Trade Practices

Act verbatim (You should roughly know which provision deals with what).

You should not copy the exact provision/s in your answer. Rather summarise them or put them in point form. Discuss each part of the provision/s. Try not to copy the content from the text book.

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The relevant provisions of the Trade Practices Act 1974 (Cth)

Division 2, Part V (ss. 69, 70, 71 and 72) along with the definitions (i.e. corporation, goods, services, supply, trade or commerce, s. 4)

Definition of consumer under s. 4B and under s. 51AB Division 1, Part V (section 52: Misleading or deceptive

conduct) Definition of terms: corporation, trade or commerce, engage

in conduct, misleading or deceptive, likely to mislead or deceive. Remedies for breach of s. 52 under Part VI of TPA.

Section 51A (Representations as to future matters) Part IVA (sections 51AA, 51AB and 51AC) along with the

definition of the terms (i.e. pre-conditions for each provision).

Kind of transactions covered under s. 51AB and 51AC. Checklist of factors that courts may take into account to

establish breach under Part IVA. Part VI (Remedies and enforcement under s. 80, 82 and 87)© RV

How to read the problem-solving question Start reading the problem from the

beginning. As you read, try to clearly identify the

issue/s If there is more than one issue, write all

the issues one by one. Try not to start the answer with a

conclusion.© RV

How to use the IPAC method First identify the issue/s; State the legal principles (without mentioning

the names of the parties); Apply the legal principles to the facts of the case

in hand (this time, using the names of the parties);

Provide a clear and brief conclusion. The conclusion should answer the question/s raised in the issue/s.

Note: Do not write paragraphs on issue/s or conclusion. You need to be brief and to the point. If there is more than one issue, there will be more than one conclusion.

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How to write a short type answer Read the question thoroughly and try to

understand what kind of information may be required for the answer.

If you do not understand the question, try not to answer it straightway. Wait until you attempt other questions.

You should answer the question briefly but clearly. You may use dot point to answer the questions in this part.

You should be able to answer the short answer-type question in approximately in 10-15 lines.

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How to answer multiple-choice questions Part C contains ten (10) multiple-choice

questions. Each question may have 4-5 choices. Read each choice carefully and determine which

choice carries the correct answer. Some answers are straightforward, but some

need careful understanding of the question. If you are not sure of the correct answer, move

to the next question . [Attempt this one later] In the end, you may have to make a guess and

hope that your guess is correct one.© RV

Syllabus Introduction to law Contract law Consumer Protection law (GA, FTA and TPA) Misleading or Deceptive conduct (s. 52 TPA) E-Commerce and E-business Statutory unconscionability (Part IVA of TPA) Law of Negligence Agency Business Structures & Partnership

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Introduction to law What are the sources of law in Australia? (statute law,

common law, delegated legislation and equity) & how do these sources differ from each other?

What is a federal system of government? Under the Australian Constitution, how have the law-

making powers been divided between states and federal parliaments?

How may the Australian Constitution be amended? What is the doctrine of ‘separation of powers’? What is the role of the High Court of Australia?NOTE: Make sure you know answers to tutorial questions for

each of the topic discussed in the lectures .© RV

Contract law Elements of a valid contract Valid, void and voidable contract (relevant case law) Postal acceptance rule (what is it & how does it work) Parol evidence rule (how it operates and what are its

exceptions) Doctrine of promissory estoppel, its essential elements. Can a minor, mentally ill, drunkard enter into a valid

contract? If yes, why? If not, why not? What factors vitiate valid consent (duress, undue influence,

mistake, misrepresentation) How do these factors operate? What kind of damages are available to an innocent party

upon breach of contract? How common law remedy for breach of contract differ from equitable

remedy? What are those remedies? © RV

Consumer Protection law (GA, FTA and TPA) Implied conditions and warranties in consumer transactions

(Div 2, Part V of the TPA). Equivalent provisions under the Fair Trading Act 1999 (Vic).

How do each implied condition and warranty under Div 2, part V of TPA operate? How do these warranties differ from each other?

Conditions and warranties under Part 1 Goods Act 1958 (Vic).

Meaning of consumer under the TPA (s. 4B) and under FTA. Is there any difference in the meaning?

Can implied terms be excluded under the TPA, FTA or Goods Act?

Remedies for breach of implied conditions and warranties under the TPA, FTA and GA.

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Misleading or Deceptive conduct

To what kind of transactions does s. 52 apply? (relevant case law)

What are the pre-conditions of s. 52? (i.e. corporation, trade or commerce, engage in conduct, misleading or deceptive, likely to mislead or deceive). Relevant case law.

Can individuals and unincorporated bodies be caught under the provisions of TPA? (extended application of TPA)

Remedies for breach of s. 52? (ss. 80, 82, 87)NOTE: Answer all tutorial questions, including the problem

questions on the topic.

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E-Commerce and E-business

What are e-commerce and e-business contracts? What are the elements of an e-commerce/e-business

contract? What types of e-commerce and e-business contracts

can be made by people? (consumer and non-consumer contracts)

Do consumers in e-commerce contracts have same protections of the law as other traditional consumer contracts?

Can implied conditions and warranties be excluded in e-commerce/e-business contracts?

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Statutory unconscionability (Part IVA of TPA) Part IVA of the TPA and equivalent provisions in the FTA dealing

with statutory unconscionability. What specific provisions of the TPA deal with statutory

unconscionability (s. 51AA, 51AB, 51AC) & how do they differ? What are the pre-conditions of s. 51AB? What factors may help courts to determine that breach of s. 51AB

has occurred? What are the pre-conditions of s. 51AC? What factors may help courts to determine that breach of s. 51AC

has occurred? Remedies for breach of these provisions (s. 80, 82, 87 etc)NOTE: Answer all tutorial questions, including the problem

questions on the topic.

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Law of Negligence

What are the elements of negligence? (duty of care, breach of duty, damage). Relevant case law.

What standard of care is expected of a person and of a professional person?

What kind of damage is recoverable under the law of negligence?

What are the defences to a case of negligence? (denial of negligence, contributory negligence, voluntary assumption of risk, disclaimer clauses)

What happens to a case of negligence when the defendant raises a successful defence?

Does an accountant/auditor owe a duty of care to third party? If yes, why. If not, why not? (relevant case law).

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Agency

What is a contract of ‘agency’? How may an agency be created? (express (verbal or

in writing), implied (cohabitation and necessity), by ratification and by holding out (estoppel)

How does an express agency differ from an implied agency?

How does an agency created by ‘necessity’ differ from agency created by estoppel?

What are the duties and rights of an agent? How may an agency be terminated?

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Partnership & Business Structures

How does the Partnership Act 1958 (Vic) define a partnership? (s. 5) What other factors determine the existence of partnership? (s. 6) How may a partnership be created? Does a partnership agreement have to be in writing? What is the basis of relationship between partners? (i.e. partnership

agreement) What is the basis of relationship between partnership and the third

party? (principal and agent) When is a partnership (firm) liable for the acts or omissions of its

partners? If the partnership is determined by the partnership agreement, then

what is the importance of the Partnership Act 1958 (Vic)? How many different ways may a business be structured? (sole trader,

trust, franchise, joint venture, trust, company, partnership) What is an incorporated and unincorporated business structure? Give

examples.© RV

I wish you well in the examinations!