Australian Commercial LawThis classic text has provided generations of students with a clear, accessible & informative exposition of the general principles of business law. Australian Commercial Law is still the essential guide to the legal issues surrounding commercial practice. This 22nd edition has been updated to reflect all changes to the law & major case developments since the last edition. Major changes include: * Contract: Consent of Parties -- updated to include, inter alia, the recent important decision of the High Court in Garcia v National Australia Bank Ltd (1998) concerning guarantees by wives of their husband's business debts * Consumer Protection under the Trade Practices Act 1998 -- discussion of the Trade Practices Amendment (Fair Trading) Act 1998, which prohibits 'unconscionable conduct' by large corporations in transactions with small business. Also included is discussion of the Trade Practices Amendment (Country of Origin Representations) Act 1998, concerning the appropriate use of representations such as "Made in Australia" or "Product of Australia" * Property -- now includes a completely new section on Native Title * Company Law -- substantially revised to incorporate the important changes made by the Company Law Review Act 1998 * Intellectual Property -- includes significant amendments made by the Copyright Amendment Act (No. 2) 1998, concerning employed journalist's copyright, copyright in labelling & packaging of imported goods, conversion damages & the removal of the copyright restrictions on the parallel importation of records. This chapter also includes discussion of the Franchising Code of Conduct 1998. * Bankruptcy -- incorporates into the text substantial changes made by the Bankruptcy Legislation Amendment Act 1996 * Workplace Relations: Employment & Industrial Relations -- revised & updated to include recent developments including the significant decision of the High Court in Patrick Stevedores Operations No. 2 v Maritime Union Australia (1998). |
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Preface to the Twentysecond Edition Table of Cases | xi |
Amalgamated Engineering Union v Metal Trades Employers Association 1935 53 | xxii |
Cheques | xxvii |
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acceptance action agent agreed agreement amount apply Australia authority bank bill breach buyer charge cheque circumstances claim Commission common law Commonwealth condition conduct consideration constitute consumer contains contract contravention corporation course Court credit provider creditor damages debtor defendant director discussed duty effect enforceable entered entitled example existence fact further give given guarantee held High Court holder implied indorser intended interest land legislation liability limited loss manufacturer matter means mortgage notice obligations obtained offer owner paid particular partnership party payment performance person plaintiff position possession present principal Pty Ltd purchaser reasonable received referred regard registered relation Reports respect result rule seller shares signed South Wales specific statement supply third Torts Trade Practices unless vehicle
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