OUR Business FOCUSContract law commonNegligence commonTheft criminalRobbery criminalPublic behaviour criminalLegal capacityConsumer law
CONTRACT LAW – common (emphasises remedies)/civil law (rights) Contract = either a written, oral or implied agreement between two parties, who may be individuals or organisations. It can be repudiated (broken – can sue for damages) or frustrated (impossible to complete – fire, flood, war). ELEMENTS OF A CONTRACTl 1. Legal object: The purpose must be legal. 2. Possible to perform: It must be possible for both parties to carry out the contract. 3. Consideration: Both parties must benefit in some way from the contract. The benefit does NOT need to be equal.
ELEMENTS OF A CONTRACT (continued)4. Legal object: Must have a legal right to enter into a contract (18 or over and mentally fit at the time of signing) However, a person U18 can still be a party to the contract.5. Intention: Both parties must have intended to enter into a legally binding contract.6. Offer & acceptance: There must be an offer by one party that is unconditional and accepted by the other party
3 essential elements– the offer, the acceptance & the considerationoffer – a proposal that forms the basis of theagreementacceptance – occurs when the other party agree tothe proposalconsideration – the passing of something of valueor the promise to do something in return for what hasbeen promised by another.
TYPES of contracts• Formed expressly (express contract) or• Implication (implied contract)Examples of contracts• employment – leases – purchase or mortgage of property – to insure goods – sale of goodsFeatures of a simple contractInvolves the exchange of money for a product or service.RETAILERS are NOT making an offer, it is aninvitation to treat.
TORT LAW – common (emphasises remedies)/civil law (rights) Tort = is the infringement of the rights of one individual by another. It covers both property & person. There are 4 types: negligence – nuisance – defamation – trespassNegligence = occurs when someone who should exercise a duty of carefails to do so and the other party suffers loss or damage.Three requirements that have to exist before a tort of negligence can occur:1. one person must owe a duty of care to another2. the duty of care must have been breached3. as a result of the breach of duty, damages must have been sufferedNuisance = when a person interferes with another’s rights.Defamation = when one person’s reputation is damaged by the actionsof another.Trespass = when property is interfered with.
CRIMINAL LAW – considered to be acting against society, Police,on behalf of society investigate and bring a case against the accused.six main types of criminal activity, as follows:1 - CRIMES AGAINST PROPERTY - criminal/public lawcrimes that result in property being stolen or damaged. Typical are: Larceny = removing a person’s property without permission Break & enter = illegally entering a building to commit an offence Robbery = using violence or the threat of violence to another’s property2 - CRIMES AGAINST PERSONS - criminal/public lawcrimes involving injury to another person. These include: Homicide = the intentional killing of another person Manslaughter = killing of another whether accidental or justifiable Assault = causing or threatening to cause injury to another person
3 - WHITE COLLAR CRIME - criminal/public law usually committed by professional people, NOT associated with violence or damage to property. Eg Tax evasion & computer hacking.4 - PUBLIC ORDER OFFENCES - criminal/public law crimes that disrupt the activities of our society. Eg. swearing/drunk in public5 – CRIMES AGAINST THE STATE/COUNTRY SEDITION – encouraging a hatred of the state TREASON – actively tries to bring about the collapse of the country or assists the enemies of the country6 – TRAFFIC OFFENCES - criminal/public law the most widely committed offences in our society. Most get on the spot fines but more serious end up in court proceedings
The legal rights and responsibilities associated with a person’s age. In Australia 18 is seen as a critical age because that is when the law recognises that person as an adult. This is known as the age of majority. They are legally responsible for all their actions. NOTE: In Qld the age is only 17.So, if I am under 18 I am a minor and it is safe to commit a crime?NO, some states say that those aged 10 & over can be chargedwith criminal offences, but with special protection. It is heard inthe children’s court unless it is murder.
YOUNG PEOPLE & CRIMEMost common are: wagging school & shoplifting drunk & disorderly vandalism bashings & robberies stealing car gate-crashing private partiesIn most states in Australia:U10 : cannot be charged with having committed an offence10-14: court has to prove they knew what they were doing was harmfulor wrong.14+: treated as understanding the rights & wrongs as an adultU18: all charges heard in a Children’s Court or Youth Court (unless thecharge is murder – Supreme Court as per an adult.Over 18: treated as an adult
CONSUMER LAWLegislation to protect consumers• Trade Practices Act 1974 (Commonwealth) deals with anti-competitive & unfair practices, product safety, conditions and warranties and actions against manufacturers and importers.• Price Surveillance Act 1983 (Commonwealth) allows the ACCC the power to monitor and report on the prices, costs and profits of companies and government authorities. The ACCC can also launch a public enquiry into prices. Both are administered by the Australian Competition and Consumer Commission (ACCC)• Consumer Affair Act 1970 reflects some of the T. P. Act Advertising - Consumer Tribunals Goods - Motor Traders Consumer Credit - Travel Agents & builders are also subject to regulatory control
Trade Practices ActProtection against unfair business transactions the Trade Practices Act stands with the State legislation Some of the unfair practices covered by the T P Act are: • Misleading or deceptive conduct – hiding rust when selling a car • False statements or representation – NEW style saying new when they are not • Unfair, offensive or deceptive selling practices – offering GWP and no intention of supplying them • Inertia selling – sending unsolicited credit cards All our paper items arePerfect condition recycledNO RUST
In Queensland the Fair Trading Act 1989 + a number of lawsadministered by the Qld Office of Fair Trading protect consumers State level Consumers Affairs covered are: • Advertising – false or misleading advertising • Goods – safe design, construction & instructions for use, date stamping of pre-packaged food • Consumer Credit – hire purchase, lay-by sales, credit sale agreements • Consumer Tribunals – arbitration of consumer-trader disputes or small claims tribunals or in court • Motor Traders – the licensing of motor dealers, repair warranties, disputes. The Queensland Office of Fair Trading are always looking at new markets to ensure that consumers wishing to participate in those markets are protected.
DID YOU KNOW?Australian consumers have rights: make free choices about what they buy decide whether or not to buy a particular product receive the goods and services for which they have paid be informed about products not be misled or tricked by dishonest or unfair tactics BUYER BEWARE
SCAMS & RIP OFFS – they DO happenMisleading advertising – bait & switch strategiesRetailers must ensure they stock a reasonable quantity of goodsthey have advertised and let consumers know when the periodwhen the goods are on offer and if they are limited in number.Fake advertising – a reduced ticket price MUST be lower thanthe original price the items were being sold atDouble ticketing – if two or more stickers are on the item andthe consumer does not charge the lower priceUnsolicited goods – sending goods to people they did not askfor and then demanding payment for themDoor-to-door sales – retailers or their representatives makinguninvited visits to private homes and offices in an attempt to sellgoods and servicesPyramid schemes – You pay a joining fee and members youget to join pay money to you, eventually it fails – bottom loose out
A bluff for the uneducated consumer absolutelyNO REFUNDS http://www.consumersonline.gov.au/ http://www.accc.gov.au/content/index.phtml/itemId/142 Dealing with warranties and after-sales service Keep the original packaging Do not try to fix it yourself Keep your receipt Get any promises in writing REMEMBER a price ticket is NOT a contract
Books used for referencing and available from Mrs. Rogers for loanCommerce.dot.com Concepts and SkillsBusiness Education w/online supportBack to Business 1Essentials of Australian Business LawCommerce ZoneExamining Rules & LawsIntroductory Legal Studies for QueenslandSenior StudentsFirst Steps in Retail ManagementAvailable on school curriculum network and Blackboard website