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.

Introduction to Business Law

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.

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.

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.

Misleading or Deceptive Conduct, part III

Misleading or Deceptive Conduct, part II

Misleading or Deceptive Conduct, part I

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

Breach of Contract: Common Law, Equity and Statute

Non-Compliance with Implied Guarantees

Sample and Demonstration Model

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.

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Introduction to Business Law

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