Introduction to Business Law
42 episodes - English - Latest episode: almost 11 years ago -In this introductory subject, students examine legal institutions and practices such as law making and interpretation of laws. The law of contract and its place in commercial law, notably the law of the sale of goods, comprise the body of the unit. Other kinds of civil liability such as fault liability are compared. Students examine the economic and political factors which have influenced the development of this law and assess the impact of the law on business and industrial activity. Students are also introduced to the legal structures available for conducting business in Australia.
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Episodes
Negligent Misstatements, part III
June 02, 2013 22:37 - 11 minutes - 6.95 MBThis lecture is on negligent misstatements. It is about liability based on negligence for careless statements made by a person, verbally or in writing, in circumstances where the maker of the statement knew or ought to have known that that recipient of the statement would reasonably rely on it. As in negligence generally, there is no need to establish a contractual relationship between the parties. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for perm...
Negligent Misstatements, part II
June 02, 2013 22:36 - 20 minutes - 12.1 MBThis lecture is on negligent misstatements. It is about liability based on negligence for careless statements made by a person, verbally or in writing, in circumstances where the maker of the statement knew or ought to have known that that recipient of the statement would reasonably rely on it. As in negligence generally, there is no need to establish a contractual relationship between the parties. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for perm...
Negligent Misstatements, part I
June 02, 2013 22:34 - 6 minutes - 4.31 MBThis lecture is on negligent misstatements. It is about liability based on negligence for careless statements made by a person, verbally or in writing, in circumstances where the maker of the statement knew or ought to have known that that recipient of the statement would reasonably rely on it. As in negligence generally, there is no need to establish a contractual relationship between the parties. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for perm...
Negligence, part II
June 02, 2013 22:32 - 19 minutes - 11.8 MBTort law is introduced and distinguished from crime and contract. Business people may engage in conduct which may amount to civil wrongs for which they may be liable to compensate the victim who has suffered loss. Categories of tort law include negligence, trespass to person and property, detinue, deceit, passing off, nuisance, defamation, negligent and fraudulent misrepresentation and so on. The law of negligence is the focus in this subject. Copyright 2013 Lola Akin Ojelabi / La Trobe Un...
Negligence, part I
June 02, 2013 22:31 - 18 minutes - 10.9 MBTort law is introduced and distinguished from crime and contract. Business people may engage in conduct which may amount to civil wrongs for which they may be liable to compensate the victim who has suffered loss. Categories of tort law include negligence, trespass to person and property, detinue, deceit, passing off, nuisance, defamation, negligent and fraudulent misrepresentation and so on. The law of negligence is the focus in this subject. Copyright 2013 Lola Akin Ojelabi / La Trobe Un...
Unfair Contract Terms
May 14, 2013 22:47 - 12 minutes - 7.48 MBThis week's lecture is on unconscionable conduct/contracts as provided for under ss 20, 21 and 23 of the ACL. s 20 incorporates common law principles established in Commercial Bank of Australia v Amadio; s 21 targets the conduct of persons in trade or commerce in relation to supply or possible supply and acquisition or possible acquisition of goods or services. It offers no protection to listed companies. s 23 makes void unfair terms in consumer contracts where the contract is a standard fo...
Unconscionable Conduct: s 21 ACL
May 14, 2013 22:46 - 22 minutes - 13.1 MBThis week's lecture is on unconscionable conduct/contracts as provided for under ss 20, 21 and 23 of the ACL. s 20 incorporates common law principles established in Commercial Bank of Australia v Amadio; s 21 targets the conduct of persons in trade or commerce in relation to supply or possible supply and acquisition or possible acquisition of goods or services. It offers no protection to listed companies. s 23 makes void unfair terms in consumer contracts where the contract is a standard fo...
Unconscionable Conduct: Introduction and s 20 ACL
May 14, 2013 22:45 - 18 minutes - 11.2 MBThis week's lecture is on unconscionable conduct/contracts as provided for under ss 20, 21 and 23 of the ACL. s 20 incorporates common law principles established in Commercial Bank of Australia v Amadio; s 21 targets the conduct of persons in trade or commerce in relation to supply or possible supply and acquisition or possible acquisition of goods or services. It offers no protection to listed companies. s 23 makes void unfair terms in consumer contracts where the contract is a standard fo...
Misleading or Deceptive Conduct, part III
May 07, 2013 00:50 - 10 minutes - 6.57 MBThis week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Misleading or Deceptive Conduct, part II
May 07, 2013 00:49 - 19 minutes - 11.4 MBThis week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Misleading or Deceptive Conduct, part I
May 07, 2013 00:48 - 17 minutes - 10.5 MBThis week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Breach of Contract: Equitable Remedies
May 02, 2013 03:59 - 6 minutes - 3.98 MBThis week's discussion is on implied guarantees and specifically implied guarantee as to correspondence with sample and demonstration model, and repairs and spare parts all implied into consumer contracts for sale of good. Also discussed are guarantees implied into consumer contracts for sale of services: due care and skill, supply within reasonable time and fitness for disclosed purpose. Remedies for non-compliance with guarantees are also discussed in relation to sale of goods and supply o...
Breach of Contract: Common Law, Equity and Statute
May 02, 2013 03:58 - 21 minutes - 12.8 MBThis week's discussion is on implied guarantees and specifically implied guarantee as to correspondence with sample and demonstration model, and repairs and spare parts all implied into consumer contracts for sale of good. Also discussed are guarantees implied into consumer contracts for sale of services: due care and skill, supply within reasonable time and fitness for disclosed purpose. Remedies for non-compliance with guarantees are also discussed in relation to sale of goods and supply o...
Non-Compliance with Implied Guarantees
May 02, 2013 03:57 - 21 minutes - 12.6 MBThis week's discussion is on implied guarantees and specifically implied guarantee as to correspondence with sample and demonstration model, and repairs and spare parts all implied into consumer contracts for sale of good. Also discussed are guarantees implied into consumer contracts for sale of services: due care and skill, supply within reasonable time and fitness for disclosed purpose. Remedies for non-compliance with guarantees are also discussed in relation to sale of goods and supply o...
Sample and Demonstration Model
May 02, 2013 03:56 - 18 minutes - 10.8 MBThis week's discussion is on implied guarantees and specifically implied guarantee as to correspondence with sample and demonstration model, and repairs and spare parts all implied into consumer contracts for sale of good. Also discussed are guarantees implied into consumer contracts for sale of services: due care and skill, supply within reasonable time and fitness for disclosed purpose. Remedies for non-compliance with guarantees are also discussed in relation to sale of goods and supply o...
Fitness for Disclosed Purpose
May 02, 2013 03:43 - 16 minutes - 9.61 MBThese are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Cont...
Undisclosed Securities and Undisturbed Possession
April 24, 2013 05:54 - 17 minutes - 10.5 MBThese are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Cont...
Introduction to Implied Guarantees
April 24, 2013 05:53 - 17 minutes - 10.4 MBThese are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Cont...
E-Commerce and E-Business Agreements
April 24, 2013 05:47 - 23 minutes - 16.7 MBThese are agreements that are entered into online. This lecture is merely introductory: the distinction between different types of online agreements is discussed. E-offer, e-acceptance and terms and representations in online contracts are also discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Discharge: By Agreement, Operation of Law and Breach
April 19, 2013 03:01 - 16 minutes - 9.99 MBThe lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under...
Discharge: Introduction and Discharge by Performance
April 19, 2013 02:58 - 22 minutes - 13.2 MBThe lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under...
Vitiating Factors: Unconscionable Conduct
April 19, 2013 02:57 - 19 minutes - 11.6 MBThe lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under...
Vitiating Factors: Mistake and Undue Influence
April 19, 2013 02:56 - 19 minutes - 11.3 MBThe lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under...
Introduction to Vitiating Factors and Duress
April 19, 2013 02:55 - 17 minutes - 10.3 MBThe lectures this week focus on factors that destroy the consent of a party to a contract and discharge. Consent is essential to contract formation as there is a need for consensus ad idem or a meeting of the minds of the parties. Where a party is coerced to consent to a contract, does the law view that consent as valid? Will the consent be of such a quality that will create a valid contract between the parties? The answers to these questions are considered. In addition, circumstances under...
Implied Terms, Categories and Exclusions
April 03, 2013 01:50 - 36 minutes - 20.9 MBSituations in which terms may be implied into a contract is discussed. In addition different categories of terms and exclusions clauses are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Terms and Interpretation
April 03, 2013 01:31 - 16 minutes - 9.82 MBHere a term is define as a statement which parties intend to have legal force. A term is is also distinguished from a mere represention and express terms are distinguished from implied terms. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Capacity and Privity of Contract
April 03, 2013 01:17 - 19 minutes - 11.8 MBThis is about the legal status of persons. Who has the legal status which allows them to enter into agreements which become binding. It is about the capacity to consent to a legally binding agreement. Privity of contract is a rule to the effect that only parties to a contract may enforce obligations under the contract or derive a benefit from the contract. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Intention to Create Legal Relations
April 03, 2013 01:16 - 16 minutes - 9.87 MBThis is an element of a valid contract which distinguishes a social arrangement from an agreement intended to be legall binding. Here we discuss two rebuttable presumptions which apply to commercial transactions and to social arrangements. The courts presume that parties involved ina commercial transaction intend their agreement to be legally binding while parties in a social arrangement do not. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permiss...
Contract: Consideration
April 03, 2013 01:08 - 24 minutes - 14.5 MBAs an element of a valid contract, consideration requires that something of value be provided in exchange for a promise. The general rule is that s contract will be unenforceable if no consideration is provided. However, a promise not supported by consideration may be enforceable through the application of the doctrine of promissory estoppel. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Acceptance and Certainty of Terms
April 03, 2013 01:07 - 24 minutes - 14.4 MBTo have a valid contract, all the elements of a contract must be present. If an offer is made, it must be accepted before an agreement could be said to have been reached. Where an offer is accepted, a binding contract will be created if all other elements are satisfied. One of the other elements is certainty of terms. This requires that all the terms (content of the contract) must be clear and certain, not illusory. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved...
Contract: Offer
April 03, 2013 01:06 - 29 minutes - 17.2 MB'offer' as an element of a valid contract is discussed. The features of a valid offer is discussed and offer is contrasted with an invitation to treat. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
What is a Contract?
April 03, 2013 01:05 - 18 minutes - 10.7 MBWhat is a Contract? Distinction is made between a legally binding contract and social agreement. The effect of entering into a contractual arrangement is also discussed. Mention is made of the elements of a contract. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Agency, part III
March 14, 2013 21:15 - 22 minutes - 13.4 MBThis lecture outlines agency by operation of law, duties of an agent and terminating an agency relationship in Australian business law. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Agency, part II
March 14, 2013 21:14 - 19 minutes - 11.4 MBThis lecture outlines the creation of an agency relationship in Australian business law. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Agency, part I
March 14, 2013 21:13 - 19 minutes - 11.8 MBThis lecture introduces the concept of agency in Australian business law. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Choice of Business Structures, part III
March 14, 2013 21:12 - 28 minutes - 16.7 MBThis lecture outlines trusts, franchises and the company. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Choice of Business Structures, part II
March 14, 2013 21:11 - 24 minutes - 14.7 MBThe lecture outlines sole trading or sole proprietorship, partnership structure and joint venture structure. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Choice of Business Structures, part I
March 14, 2013 03:03 - 22 minutes - 10.2 MBWhen starting a business in Australia and choosing a business structure, what factors need to be considered? Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.
Courts and Tribunals
March 05, 2013 03:05 - 22 minutes - 13.2 MBAn important aspect of starting a business is comprehension of the legal system within which the business is to operate. This lecture is about the Australian Legal System. I will start by defining what business law is as well as the relationship between law and business. I will then discuss the features of the legal system including the sources of Australian Law, the Australian Constitution (division and separation of powers) and dispute resolution mechanisms including courts and tribunals a...
The Australian Constitution
March 05, 2013 03:04 - 17 minutes - 10.5 MBAn important aspect of starting a business is comprehension of the legal system within which the business is to operate. This lecture is about the Australian Legal System. I will start by defining what business law is as well as the relationship between law and business. I will then discuss the features of the legal system including the sources of Australian Law, the Australian Constitution (division and separation of powers) and dispute resolution mechanisms including courts and tribunals a...
Sources of Law
March 05, 2013 03:03 - 25 minutes - 15 MBAn important aspect of starting a business is comprehension of the legal system within which the business is to operate. This lecture is about the Australian Legal System. I will start by defining what business law is as well as the relationship between law and business. I will then discuss the features of the legal system including the sources of Australian Law, the Australian Constitution (division and separation of powers) and dispute resolution mechanisms including courts and tribunals a...
Law and Business
March 05, 2013 03:02 - 14 minutes - 8.68 MBAn important aspect of starting a business is comprehension of the legal system within which the business is to operate. This lecture is about the Australian Legal System. I will start by defining what business law is as well as the relationship between law and business. I will then discuss the features of the legal system including the sources of Australian Law, the Australian Constitution (division and separation of powers) and dispute resolution mechanisms including courts and tribunals a...