Revision session for Business Law, 2010/11 4 Format of the examination paper 4 Preparing for examination 4 How to read the relevant sections of the Trade Practices Act 1974 (Cth) 4 How to read a ‘case study’/problem question 4 How to use the problem-solving (IPAC) method 4 How to write answers for short answer type questions 4 How much to write in the examination paper 4 Behaviour in the examination hall 4 Any questions????? © RV

Final Examination format 4 The examination paper has been divided into three parts: Parts A, B and C. 4 Part A consists of 8 short questions. Each question is worth 5 marks. The total marks for Part A is Part B contains one problem solving question. It contains two issues. The total marks for Part B is Part C contains 10 multiple choice questions. Each question is worth one mark. The total of Part C is The examination paper adds 70% towards the total assessment for the subject. © RV

Preparation for examination 4 Be guided by your syllabus. 4 Focus on your lecture slides and tutorial notes. 4 Read the textbook topic-wise. 4 Make summary of each topic and try to remember it. 4 Make reference to the page numbers of the textbook where you may find further information on a particular topic. Read the relevant statute and common law on the topic. Focus only on the case law contained in your textbook. 4 Try not to memorise the whole book. Read it selectively. 4 Try not to read or memorise the provisions of the Trade Practices Act verbatim (You should roughly know which provision deals with what). 4 You should not copy the exact provision/s in your answer. Rather summarise them or put them in point form. Discuss each part of the provision/s. Try not to copy the content from the text book. © RV

The relevant provisions of the Trade Practices Act 1974 (Cth) 4 Division 2, Part V (ss. 69, 70, 71 and 72) along with the definitions (i.e. corporation, goods, services, supply, trade or commerce, s. 4) 4 Definition of consumer under s. 4B and under s. 51AB 4 Division 1, Part V (section 52: Misleading or deceptive conduct) 4 Definition of terms: corporation, trade or commerce, engage in conduct, misleading or deceptive, likely to mislead or deceive. Remedies for breach of s. 52 under Part VI of TPA. 4 Section 51A (Representations as to future matters) 4 Part IVA (sections 51AA, 51AB and 51AC) along with the definition of the terms (i.e. pre-conditions for each provision). 4 Kind of transactions covered under s. 51AB and 51AC. 4 Checklist of factors that courts may take into account to establish breach under Part IVA. 4 Part VI (Remedies and enforcement under s. 80, 82 and 87) © RV

How to read the problem- solving question 4 Start reading the problem from the beginning. 4 As you read, try to clearly identify the issue/s 4 If there is more than one issue, write all the issues one by one. 4 Try not to start the answer with a conclusion. © RV

How to use the IPAC method 4 First identify the issue/s; 4 State the legal principles (without mentioning the names of the parties); 4 Apply the legal principles to the facts of the case in hand (this time, using the names of the parties); 4 Provide a clear and brief conclusion. The conclusion should answer the question/s raised in the issue/s. Note: Do not write paragraphs on issue/s or conclusion. You need to be brief and to the point. If there is more than one issue, there will be more than one conclusion. © RV

How to write a short type answer 4 Read the question thoroughly and try to understand what kind of information may be required for the answer. 4 If you do not understand the question, try not to answer it straightway. Wait until you attempt other questions. 4 You should answer the question briefly but clearly. You may use dot point to answer the questions in this part. 4 You should be able to answer the short answer- type question in approximately in lines. © RV

How to answer multiple-choice questions 4 Part C contains ten (10) multiple-choice questions. Each question may have 4-5 choices. 4 Read each choice carefully and determine which choice carries the correct answer. 4 Some answers are straightforward, but some need careful understanding of the question. 4 If you are not sure of the correct answer, move to the next question. [Attempt this one later] 4 In the end, you may have to make a guess and hope that your guess is correct one. © RV

Syllabus 4 Introduction to law 4 Contract law 4 Consumer Protection law (GA, FTA and TPA) 4 Misleading or Deceptive conduct (s. 52 TPA) 4 E-Commerce and E-business 4 Statutory unconscionability (Part IVA of TPA) 4 Law of Negligence 4 Agency 4 Business Structures & Partnership © RV

Introduction to law 4 What are the sources of law in Australia? (statute law, common law, delegated legislation and equity) & how do these sources differ from each other? 4 What is a federal system of government? 4 Under the Australian Constitution, how have the law- making powers been divided between states and federal parliaments? 4 How may the Australian Constitution be amended? 4 What is the doctrine of ‘separation of powers’? 4 What is the role of the High Court of Australia? NOTE: Make sure you know answers to tutorial questions for each of the topic discussed in the lectures. © RV

Contract law 4 Elements of a valid contract 4 Valid, void and voidable contract (relevant case law) 4 Postal acceptance rule (what is it & how does it work) 4 Parol evidence rule (how it operates and what are its exceptions) 4 Doctrine of promissory estoppel, its essential elements. 4 Can a minor, mentally ill, drunkard enter into a valid contract? If yes, why? If not, why not? 4 What factors vitiate valid consent (duress, undue influence, mistake, misrepresentation) How do these factors operate? 4 What kind of damages are available to an innocent party upon breach of contract? 4 How common law remedy for breach of contract differ from equitable remedy? What are those remedies? © RV

Consumer Protection law (GA, FTA and TPA) 4 Implied conditions and warranties in consumer transactions (Div 2, Part V of the TPA). Equivalent provisions under the Fair Trading Act 1999 (Vic). 4 How do each implied condition and warranty under Div 2, part V of TPA operate? How do these warranties differ from each other? 4 Conditions and warranties under Part 1 Goods Act 1958 (Vic). 4 Meaning of consumer under the TPA (s. 4B) and under FTA. Is there any difference in the meaning? 4 Can implied terms be excluded under the TPA, FTA or Goods Act? 4 Remedies for breach of implied conditions and warranties under the TPA, FTA and GA. © RV

Misleading or Deceptive conduct 4 To what kind of transactions does s. 52 apply? (relevant case law) 4 What are the pre-conditions of s. 52? (i.e. corporation, trade or commerce, engage in conduct, misleading or deceptive, likely to mislead or deceive). Relevant case law. 4 Can individuals and unincorporated bodies be caught under the provisions of TPA? (extended application of TPA) 4 Remedies for breach of s. 52? (ss. 80, 82, 87) NOTE: Answer all tutorial questions, including the problem questions on the topic. © RV

E-Commerce and E-business 4 What are e-commerce and e-business contracts? 4 What are the elements of an e-commerce/e-business contract? 4 What types of e-commerce and e-business contracts can be made by people? (consumer and non- consumer contracts) 4 Do consumers in e-commerce contracts have same protections of the law as other traditional consumer contracts? 4 Can implied conditions and warranties be excluded in e-commerce/e-business contracts? © RV

Statutory unconscionability (Part IVA of TPA) 4 Part IVA of the TPA and equivalent provisions in the FTA dealing with statutory unconscionability. 4 What specific provisions of the TPA deal with statutory unconscionability (s. 51AA, 51AB, 51AC) & how do they differ? 4 What are the pre-conditions of s. 51AB? 4 What factors may help courts to determine that breach of s. 51AB has occurred? 4 What are the pre-conditions of s. 51AC? 4 What factors may help courts to determine that breach of s. 51AC has occurred? 4 Remedies for breach of these provisions (s. 80, 82, 87 etc) NOTE: Answer all tutorial questions, including the problem questions on the topic. © RV

Law of Negligence 4 What are the elements of negligence? (duty of care, breach of duty, damage). Relevant case law. 4 What standard of care is expected of a person and of a professional person? 4 What kind of damage is recoverable under the law of negligence? 4 What are the defences to a case of negligence? (denial of negligence, contributory negligence, voluntary assumption of risk, disclaimer clauses) 4 What happens to a case of negligence when the defendant raises a successful defence? 4 Does an accountant/auditor owe a duty of care to third party? If yes, why. If not, why not? (relevant case law). © RV

Agency 4 What is a contract of ‘agency’? 4 How may an agency be created? (express (verbal or in writing), implied (cohabitation and necessity), by ratification and by holding out (estoppel) 4 How does an express agency differ from an implied agency? 4 How does an agency created by ‘necessity’ differ from agency created by estoppel? 4 What are the duties and rights of an agent? 4 How may an agency be terminated? © RV

Partnership & Business Structures 4 How does the Partnership Act 1958 (Vic) define a partnership? (s. 5) 4 What other factors determine the existence of partnership? (s. 6) 4 How may a partnership be created? 4 Does a partnership agreement have to be in writing? 4 What is the basis of relationship between partners? (i.e. partnership agreement) 4 What is the basis of relationship between partnership and the third party? (principal and agent) 4 When is a partnership (firm) liable for the acts or omissions of its partners? 4 If the partnership is determined by the partnership agreement, then what is the importance of the Partnership Act 1958 (Vic)? 4 How many different ways may a business be structured? (sole trader, trust, franchise, joint venture, trust, company, partnership) 4 What is an incorporated and unincorporated business structure? Give examples. © RV

I wish you well in the examinations!