Table of Contents
Australian Legal System- brief analysis.
Statutory provisions and law principles- Identification analysis Interpretation and evaluation
Written and oral business ethical standards.
Problem solving by written and oral form..
Australian law and its implementation in the practical field is one of the aspects which has been analysed from multiple angles to identify its effectiveness in the minimisation of legal complications. In recent times, internationalisation and cross-trade border is one of the major factors which have changed the dimension of both commercial sector and legal structure of each and every nation. This is also applicable for Australian legal system and specifically in the legal aspects like contract management, consumer protection, negligence issues and property law and more. It has been noticed that Australian legal system has effectively defined and analysed each and every aspect of a contract which includes entry into a contract, lay-by agreement, contract terms, contract breach and more. The legislation of Australia has specifically defined and explained contracts and its different types.
However, the legal structure has clearly mentioned that a contract can be formed with five activities namely, consideration, capacity, intention, agreement and formality as well. However, there is also ambiguity as in the legal definition of agreement, as the definition has mentioned that an agreement can take place with a valid contract. Hence, from this angle, it can be analysed that in the definition of contract, the aspect of agreement has been included while, in the definition of agreement the term contract has been used which has created a confusion. However, the aspect of fraudulence and breach of contract has conspicuously been mentioned in the acts like ‘Procurement Contracting Special Account of 2018’. Additionally, the ‘Insurance Contract Law’ has been amended in 2012, which has also included the issue and consequence of unfair breaching of contract.
On the other hand, the right of legally minor individuals in the contract and property has also been focused in the Australian jurisdiction. Hence, from this angle, it can be analysed that the legal structure and common law of Australia is quite effective in spite of having certain ambiguities. Minor Act-1970, has specifically included the role of minors in the legal contracts and validity of that contract as well. Moreover, the access of minors in the property has also been defined in this act. As per Section 8 of the mentioned code, an individual under 18 years is a minor and section 17 has mentioned that the minor cannot be bound with a contract. The business activities associated with Australian market have to follow this law strictly to execute an agreement and to create a contract with business partners.
The role of statutory provision is immensely important in a legal structure as it has a dirt impact over the practical implementation and enactment of a law. The research regarding statutory law has expressed that a law should be passed by an approved legislative commission of a state in a written format and this opposes the prevalence of the customary law. Customary provision is all about the promulgation of oral law. Hence, from this angle, it can be mentioned that codified law is associated with the statutory provision. In the context of Australia, the written and elaborate description of every minute detailed aspects of law is noticed and this indicates the importance of statutory provision in the judicial system of Australia. On the other hand, it has also been identified that statutory provision is those provisions which have been made under any act whenever it is enforced. The aspect of consumer protection is one of the major factors which is tagged with the commercial sector of a nation and Australia is not out of the same. This can be expressed by analysing ‘Competition and consumer act-2010’. In the part 1 Section 2 of this act the objective of this act has been expressed in the written format and it has been stated that this law has its objective to promote fair trading, competition and provision to protect customers. Hence, from this angle, it can be mentioned that this is a well written enacted law and not been 9mplemented as customary law. Hence, this is a statutory law which has been enforced by the legislative body of Australia.
On the other hand, multiple provisions have been made under this act which has helped to achieve the objective that has been mentioned at the Part-I of this act. The activity that is not associated with business and cannot be bound with contract has also been conspicuously stated by creating statutory provision under the consumer act of 2010. In the section -2C of Part-I of the law, the activities like tax, levies, licence and imposition of all the same have legally been restricted for Australia. This has helped in the minimisation of fraudulent contracts and has promoted fair trade activity for the market. Moreover, the involvement of the person in a transaction has also been mentioned in the statutory section of this act and the involvement of only those persons who are acting equally for the crown power is instructed in the law.
Hence, from this angle, it can be mentioned that this law is not implementable, for the case of any fraudulent transaction with any individual outside of commonwealth and Australian territory. Moreover, by making statutory provision, the list of commercial, non-commercial and primary products has been developed. This is also important to conduct fair trading activity within a nation. The alignment with other law by making subsection has been identified which has turned this act more implantable and effective. In order to explain the aspect of the accountable authority ‘Public Governance, Performance and Accountability Act 2013’ has been aligned with the act by making statutory provision. Hence, from this angle, it can be explained that statutory provision has immense value in the management of law principle and to address the greater goal or activity of the law.
In the discussion and analysis of the previous section, the role of statutory provision and the importance of statutory law for Australia has been focused. Australian jurisdiction is very well-formatted, elaborate and has its intention to cover each and every minute aspect tagged with a law. This has promoted the legal system to prefer the enactment or enforcement of a law in the written format rather than the oral or verbal ethical standard. This is applicable for the business contracts, ethics and consumer protection as well. In the case of contract, the issue of verbal contract has been included in the law. Hence, from this angle, it can be mentioned that apart from the written and documented contract, verbal or oral contract is also implementable for the business context and legal context of Australia.
The ethical standard of business is prioritised by the legal system of the country and the written form of ethical standard has multiple examples. ‘Commercial Arbitration and Industrial Referral Agreements Act 1986’ is one of the primary laws for business in Australia and this was specially implemented for south Australia. However, in the recent time, the modification and amendment of the existing laws has helped in the maximisation of the ethical standard of the business. The revenue and income from contract and especially from trade contract is one of the major aspects amalgamated with the ethical standard. In this context, ‘Revenue from contract with customer Act’ was enforced in 2014 which has mentioned that the unethical tax or revenue collection should be prohibited.
In the verbal standard the contract and transfer of power should be mentioned. In the contract law and consumer protection law, the aspect of verbal agreement has been included which has specifically promoted the maintenance of ethical trade practice. The breach of verbal contract has also been focused by the legal system and monetary penalty is tagged with the same.
Different complicated issues like contract breaching, contract dissolution, act of god are tagged with the aspect of business. The legal system has to provide wise ideas to solve problems and to safeguard the interests of consumers. The verbal instructions are implemented by the local self-government of Australia about the maintenance of right to property, contract maintenance and more. In this case the law regarding negligence and liability can be aligned. ‘Law of Negligence and Limitation of Liability Act 2008’ has its primary concern over the management of different types of settlements and to solve the problems associated with the complications of commercial and personal contracts. In the mentioned, part-2 division -1 is dedicated to define the terminologies. Negligence has been defined as the failure in the performance of proper caregiving or care taking in exchange of monetary transaction. Hence, from this angle, it can also be analysed as a type of unethical breach of contract. The delegation of duty is one of the major aspects tagged with this issue. The delegation has not been considered as an illegal activity but in major cases it has been identified that negligence has happened with the issue of delegation. However, with the management of contributory negligence, the problem of contract breaching can be solved and this has been implemented by division 7 of the mentioned law. Hence, both the write and the verbal instructions have a role in the minimisation of problem and have efficiency in problem solving.
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Federal Register of Legislation (2010), Competition and Consumer Act 2010, <https://www.legislation.gov.au/Details/C2020C00241> accessed 28 August 2020
Federal Register of Legislation, (2016), Law of negligence and limitation of liability Act, 2008 <https://www.legislation.gov.au/Details/C2016Q00058>> accessed 28 August 2020
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