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Contract Law Law Case Study Research Paper Coursework (Case Study Sample)


Contract law -application of relevant laws and regulations in situations (case)


Week 1: Explain the distinction between Exclusive Powers, Concurrent Powers, and Residual Powers, which are outlined in the Australian Constitution. Give an example of each power
The constitution determines the division of powers between federal and state governments. In this power stuck with the federal government is mentioned and afterward giving power not referenced stay with the state, known as residual powers.
Exclusive Power:
Exclusive powers are practiced by the Federal Government. These powers are enlisted in law and have the following as well:
Section-90 the ability to force customs and extract obligations, Section-114 forbids the states from raising military and navy forces, Section-115 forbids the states from printing their coins. (Wynes & Wynes 1962)
Concurrent power:
these are those forces that can be practiced by both the Commonwealth and the states. Some of them can be found in section-51, including:
Trade and business with different nations, Taxation, Postal, transmitted, telephonic and comparative administrations, Marriage, Divorce (counting the authority and guardianship of kids).
Power is supposed to be simultaneous if both the Federal and State Governments can pass laws on a similar issue.
If there is an irreconcilable circumstance between the states and the Federal Government, or there is an irregularity in these laws, the administrative laws beat the state laws (s-109). Segment 109 states that:
"When a law of the State is inconsistent with the law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."
An irregularity exists where state law is in strife with a government law, making it difficult to comply with the two laws. (Wynes & Wynes 1962)
Residual powers
Before the Federation, every province had its arrangement of forces. At Federation, a portion of these powers was given over to the Commonwealth (s 51). The rest of the powers remained with the states (s 108); they are known as the residual powers, and just the states can make laws dependent on these powers. Instances of residual powers can get in the regions of:
law and order, business industry, initial production, education, housing establishment, transportation, public wellbeing, and social government assistance issues. (Wynes & Wynes 1962)
Week 2: You are at the train station waiting for your train to arrive. You see a vending machine from where you can buy snacks and chips for $3.50. Posted on the Machine is a sign saying: "Property of X.Y.Z. Vend Solutions Pty Ltd." You insert the coins required into the Machine, and out comes a packet of chips. However, when you open the packet of chips, you find bits of plastic inside, and you don't want to eat the chips. You want your money back.
Required: Regarding the essential elements for the formation of a contract, explain: a) Did you enter into a contract in this scenario?
b) If your answer is yes, with whom, did you enter a contract?

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