Misleading Silence

Misleading Silence
Author: Elise Bant
Publisher: Bloomsbury Publishing
Total Pages: 436
Release: 2020-10-29
Genre: Law
ISBN: 1509929266

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This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world. Contributors: Professor Elise Bant, Professor Jeannie Paterson, Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Contemporary Australian Business Law

Contemporary Australian Business Law
Author: Mark Giancaspro
Publisher: Cambridge University Press
Total Pages: 569
Release: 2023-02-28
Genre: Law
ISBN: 1108984673

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Contemporary Australian Business Law makes key legal concepts accessible to business students, while maintaining academic rigour.

Sale of Businesses in Australia

Sale of Businesses in Australia
Author: S. A. Christensen
Publisher: Federation Press
Total Pages: 484
Release: 2009
Genre: Business & Economics
ISBN: 9781862877504

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This second edition of Sale of Businesses in Australia concentrates on the sale of small businesses trading as individuals or in partnership under the standard Sales of Business contracts promulgated by the various Law Societies and Real Estate Institutes. Several chapters also apply to the sale of businesses generally.Topics covered include:matters relating to the typical transaction: stock in trade, goodwill, plant and fixtures; additional matters such as intellectual property, business names, and the transfer of business leases; special contract provisions, including restraint of trade and employee provisions, and other special conditions commonly found in contracts; taxation implications of the sale; time stipulations; obligations on completion; disclosure obligations; remedies for commonly encountered types of breach by either party.The book serves as an ideal reference point for the busy legal practitioner involved in advising upon these transactions and has extensive references to the standard contracts in New South Wales, Victoria and Queensland.

The Good Lawyer

The Good Lawyer
Author: Adrian Evans
Publisher: Cambridge University Press
Total Pages: 249
Release: 2014-09-15
Genre: Law
ISBN: 1316062708

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The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.

Contract Law

Contract Law
Author: Kenneth Yin
Publisher: Cambridge University Press
Total Pages: 911
Release: 2020-10-28
Genre: Law
ISBN: 1108435270

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Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather's Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

Federal Register

Federal Register
Author:
Publisher:
Total Pages: 1348
Release: 1985-01-16
Genre: Administrative law
ISBN:

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Marketing Law

Marketing Law
Author: Peter Gillies
Publisher: Federation Press
Total Pages: 404
Release: 2008
Genre: Business & Economics
ISBN: 9781862876996

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Marketing Law covers Australian and applicable international laws applying to manufacturing, packaging, labelling, advertising, promotion, pricing and the sale of goods and services. The authors outline the applicable legal principles and legislation, and cover the extensive case law, with extracts of critical cases.There are 12 chapters: The Expression of Ideas - Copyright, Branding, Designs and Inventions, Consumer Protection, Defamation, Confidential Information, Unfair Selling Practices, Product Liability, Arrangements Restricting Competition, Exclusive Dealing, Misuse of Market Power, and Insurance.Topics covered include:statutory frameworks applying to copyright, designs, trade marks and patents; the common law tort of passing off applying to unfair selling practices; confidential information; potential defamatory liability; legislation in relation to product quality and liability; trade practices laws and the responsibilities of marketers; restrictive trade practices, with specific emphasis on the prohibitions on arrangements restricting competition, exclusive dealing and misuse of market power.

Professional Liability and Property Transactions

Professional Liability and Property Transactions
Author: Sharon Christensen
Publisher: Federation Press
Total Pages: 518
Release: 2004
Genre: Law
ISBN: 9781862875111

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This book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below.