Business Law

Business Low

CO5119

TRIMESTER SP21, 2010

Assignment

Lecturer: Marcus Katter

Katarzyna Gozlinska

Student Number: 1241699

Contents

Question 1 3

Introduction 3

The Reception of English low to Australia 3

Colonial Laws Validity 4

The Australia Constitution 4

New step for break colonial influences 4

Summary 5

Question 2 6

Undue influence 6

Presumed undue influence 6

Actual undue influence 7

Unconscionable 8

Question 3 9

Main Introduction 9

Issue 9

Relevant low 9

Application 11

Conclusion 11

Question 1

Introduction

Australia has adopted and modified English low. Now the low is totally independent of UK law but still based on it in many ways. Australian law-making process totally follows the English model called Westminster system.

English law was applied in Australia from the time when Australia was settled by European people. There was no separate, recognized Australian law, aboriginal law was effectively ignored.

The Reception of English low to Australia

The question for the introduction of English low to Australia was an important consideration in Mabo case. The decision in that case has still practical importance for modern Australia.

The concept of `terra nullius' predominated in Mabo v State of Queensland in 1992. Terra nullius, which means 'land belonging to no one', is used in international low to describe territory which has never been controlled by any state. The Murray Island known as Mer are situated between Queensland and Papua New Guinea. The Mariam people were warriors and their island was not annexed until 1879 when Queensland occupied them. Eddie Mabo and two other Mariam people claimed rights for the parts of the islands which had been occupied continuously by their families before white settlements to present days. The effect of the Mabo Case was that recognition that the High Court finally gave, was finally to the proposition that the continent was, prior to 1788, occupied by people...