A corporation must not, in trade or commerce, engage in conduct that is ... Rasbora v JCL Marine Ltd (S&OR p 2335) Adelaide Chemical v Carlyle (S&OR p2437) ...
... unconscionable conduct' in commercial dealings (ss51AA and 51AC) and consumer ... Competition notice regime to deal with anti-competitive conduct in ...
Unconscionable dealing = taking unfair advantage of plaintiff's special disability ... Yes (assuming car has not been damaged, etc) Hypothetical: Stanley Somber ...
Virtually all businesses now have e-commerce ... LOL are allowed as long as they are not unconscionable ... It is good practice to make all LOL's conspicuous ...
... for themselves and for their families, not to make use of any cures that arise. But to deny those cures to the rest of us, in my opinion, is simply unconscionable. ...
If the procedure and associated requirements are fulfilled completely and correctly, then a valid contract exists. However, if the circumstances are inappropriate (e.g. the party is under duress, or the subject matter is unconscionable or against public policy), then the contract will be invalid.
Relief for innocent misrepresentation only if it became a term of the contract ... Absence of any equality between the parties. Disability evident to other party ...
Rehabilitative (definite term) unless 1) age or illness make self-support impossible 2) even with rehab, incomes of party still ... Problems with the Approach?
Title: Slide 1 Author: Deveral Capps Last modified by: Northumbria University Created Date: 11/3/2004 7:59:54 AM Document presentation format: On-screen Show
Both Commonwealth (Trade Practices Act 1974 [TPA]) and state and territory ... CASE: Commercial Bank of Australia v Amadio (1983) The plaintiff has to establish: ...
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Lecture 10 Termination and Frustration Requirements for election Unequivocal words or conduct Communication to the promisor Election to continue Unequivocal words ...
'Gambling is the child of avarice, the brother of iniquity, and the ... A gambling contract is illegal unless it is specifically authorized by state statute. ...
Agreements That Violate Statutes Sometimes government legislatures enact statutes that declare certain types of agreements unenforceable, void, or voidable
Credit, Debt & the Consumer Conference,13-14 March 2003 ... Written complaints and conciliation. Enforcement. Funding consumer and community organisations ...
This chapter looks at the concepts of. Consumer protection legislation ... whether conduct was induced by any undue influence, duress, unfair practices ...
Rehabilitative (definite term) unless. 1) age or illness make ... 2. More expensive to litigate. 3. Inconsistency in awards. 4. Child support awarded too low ...
Should I stay or should I go? Personal costs of staying. Costs to others of going. General moral obligations to stay. Special moral obligations to stay ...
... will generally apply to local, long distance and fixed-to-mobile calls, ... Operational matters such as customer transfer, mobile number portability. 7.
Courts use equitable jurisdiction to intervene and prevent unfairness ... Demagogue v Remensky (S&O p5475) General Newspapers v Telstra (S&O p5477) ...
Public Policy and Consumer Protection. What is public policy? ... Encourage certain types of consumer behaviors by offering them incentives. Rebates ...
PROMISSORY ESTOPPEL. Exception to the necessity for providing that there was ... Modern concept of promissory estoppel established by House of Lords in Hughes v. ...
The 70s drug culture/gangster underworld context operates to sanction the player ... (eds) (1999) From Barbie to Mortal Kombat: Gender and Computer Games Cambridge, ...
estoppel to assert the statute of frauds. PMA Agreement NDG if. violative of ... requiring a finding in conformity therewith unless rebutted by 'clear and ...
Woolworths/Safeway merger. Decline of wholesaling. Withdrawal of Franklins. Coles, Woolworths control 80 per cent of dry grocery market. Poor management by Coles ...
For the WISC-III: Overall IQ, and two main index scores were used ... Index scores and overall IQ scores have a mean of 100 and a standard deviation of 15 ...
... Cash Budget Provision Leaves Amtrak in Quandary,' 8/2/97] ... Endangered thousands of jobs by voting 9 times against funding for Amtrak and freight railroads ...
WHERE A LICENSE IS REQUIRED, NORMALLY, A CONTRACT MADE BY AN ... A CONTRACT ENTERED INTO UNDER DURESS IS VOIDABLE. 12. CONTRACTS WHICH MUST BE IN WRITING ...
... Seal Promises After Discharge in Bankruptcy Debts Ended by the Statute of Limitations Promises Enforced by Promissory Estoppel Promissory Estoppel ...
Marie Antoinette didn't really make the cavalier statement, 'Let them eat cake, ... Paige has added outlandish raiment to his onstage wardrobe. rudimentary. adjective ...
Bad bargains would be unenforceable. THE LAW OF COMMERCIAL CONTRACT. Consent Theory ... The existence of a bargain frequently corresponds to the existence of a ...
... years and if they do not record a certain number of albums they can be sued ' ... Multi-million album selling artist Mariah Carey was recently dropped from her ...
A set of guidelines or procedures fail to explain what steps to ... Litigate FMLA Issues. Surprise Benefits. Internet Surfing. Random Disciplinary Practices ...
20, including 7 bases, 4 Helicopters, and 2 high speed Air Cushion vehicles (3rd ... as well as the federal government's past refusal to intervene and force the issue. ...
An illegal agreement involves an act or promise that violates a law or is ... extent of interference, seriousness of wrongdoing, connection to agreement) ...
A CD or cassette. of this message. will be available (free of charge) following the service ... Usury ~ neshek from a root meaning to bite or to vex ...
Auto insurance. Medical payments & uninsured motorists. Medical payments & liability ... Example - Auto insurance. Use of other autos. Effect of insolvency of ...
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Unfair mortgage refinancing ... They are visited by a mortgage broker or other non-bank lender, to refinance' ... systemic problems in mortgage refinancing? ...
Title: Click Wrap Contracts Author: Richard Last modified by: Richard Created Date: 2/6/2004 9:25:14 PM Document presentation format: On-screen Show (4:3)
... any term of a contract of sale or lease, or any collateral or contemporaneous ... (b) if a collateral or contemporaneous contract or agreement, void. ...
Title: PowerPoint Presentation Author: Lawrence Martin Last modified by: Lawrence Martin Created Date: 8/7/2005 11:05:26 AM Document presentation format