a very small portion of how the law operates in Queensland Australia. May need minor updates.

1. Law & business 1

2. OUR Business FOCUS
Contract law common
Negligence common
Theft criminal
Robbery criminal
Public behaviour criminal
Legal capacity
Consumer law

3. CONTRACT LAW – common (emphasises remedies)/civil law (rights)
Contract = either a written, oral or implied agreement between two
parties, who may be individuals or organisations. It can be repudiated
(broken – can sue for damages) or frustrated (impossible to complete –
fire, flood, war).
ELEMENTS OF A CONTRACT
l 1. Legal object: The purpose must be legal.
2. Possible to perform: It must be possible for both
parties to carry out the contract.
3. Consideration: Both parties must benefit in some
way from the contract. The benefit does NOT need
to be equal.

4. ELEMENTS OF A CONTRACT (continued)
4. Legal object: Must have a legal right to enter into a
contract (18 or over and mentally fit at the time of
signing) However, a person U18 can still be a party to
the contract.
5. Intention: Both parties must have intended to enter
into a legally binding contract.
6. Offer & acceptance: There must be an offer by one
party that is unconditional and accepted by the other
party

5. 3 essential elements
– the offer, the acceptance & the consideration
offer – a proposal that forms the basis of the
agreement
acceptance – occurs when the other party agree to
the proposal
consideration – the passing of something of value
or the promise to do something in return for what has
been promised by another.

6. TYPES of contracts
• Formed expressly (express contract) or
• Implication (implied contract)
Examples of contracts
• employment – leases – purchase or mortgage
of property – to insure goods – sale of goods
Features of a simple contract
Involves the exchange of money for a product or service.
RETAILERS are NOT making an offer, it is an
invitation to treat.

7. TORT LAW – common (emphasises remedies)/civil law (rights)
 Tort = is the infringement of the rights of one individual by another. It
covers both property & person. There are 4 types:
negligence – nuisance – defamation – trespass
Negligence = occurs when someone who should exercise a duty of care
fails to do so and the other party suffers loss or damage.
Three requirements that have to exist before a tort of negligence can occur:
1. one person must owe a duty of care to another
2. the duty of care must have been breached
3. as a result of the breach of duty, damages must have been suffered
Nuisance = when a person interferes with another’s rights.
Defamation = when one person’s reputation is damaged by the actions
of another.
Trespass = when property is interfered with.

8. CRIMINAL LAW – considered to be acting against society, Police,
on behalf of society investigate and bring a case against the accused.
six main types of criminal activity, as follows:
1 - CRIMES AGAINST PROPERTY - criminal/public law
crimes that result in property being stolen or damaged. Typical are:
Larceny = removing a person’s property without
permission
Break & enter = illegally entering a building to commit an
offence
Robbery = using violence or the threat of violence to
another’s property
2 - CRIMES AGAINST PERSONS - criminal/public law
crimes involving injury to another person. These include:
Homicide = the intentional killing of another person
Manslaughter = killing of another whether accidental or justifiable
Assault = causing or threatening to cause injury to another person

9. 3 - WHITE COLLAR CRIME - criminal/public law
usually committed by professional people, NOT associated with
violence or damage to property. Eg Tax evasion & computer hacking.
4 - PUBLIC ORDER OFFENCES - criminal/public law
crimes that disrupt the activities of our society. Eg. swearing/drunk in
public
5 – CRIMES AGAINST THE STATE/COUNTRY
SEDITION – encouraging a hatred of the state
TREASON – actively tries to bring about the collapse of
the country or assists the enemies of the country
6 – TRAFFIC OFFENCES - criminal/public law
the most widely committed offences in our society. Most get on the
spot fines but more serious end up in court proceedings

10. The legal rights and
responsibilities associated
with a person’s age.
In Australia 18 is seen as a critical age
because that is when the law recognises
that person as an adult. This is known as
the age of majority. They are legally
responsible for all their actions. NOTE:
In Qld the age is only 17.
So, if I am under 18 I am a minor and it is safe to commit a crime?
NO, some states say that those aged 10 & over can be charged
with criminal offences, but with special protection. It is heard in
the children’s court unless it is murder.

11. YOUNG PEOPLE & CRIME
Most common are:
wagging school & shoplifting
drunk & disorderly
vandalism
bashings & robberies
stealing car
gate-crashing private parties
In most states in Australia:
U10 : cannot be charged with having committed an offence
10-14: court has to prove they knew what they were doing was harmful
or wrong.
14+: treated as understanding the rights & wrongs as an adult
U18: all charges heard in a Children’s Court or Youth Court (unless the
charge is murder – Supreme Court as per an adult.
Over 18: treated as an adult

12. CONSUMER LAW
Legislation to protect consumers
• Trade Practices Act 1974 (Commonwealth)
deals with anti-competitive & unfair practices, product safety,
conditions and warranties and actions against manufacturers and
importers.
• Price Surveillance Act 1983 (Commonwealth)
allows the ACCC the power to monitor and report on the prices,
costs and profits of companies and government authorities. The
ACCC can also launch a public enquiry into prices.
Both are administered by the Australian Competition and Consumer
Commission (ACCC)
• Consumer Affair Act 1970 reflects some of the T. P. Act
Advertising - Consumer Tribunals
Goods - Motor Traders
Consumer Credit -
Travel Agents & builders are also subject to regulatory control

13. Trade Practices Act
Protection against unfair business transactions
the Trade Practices Act stands with the State legislation
Some of the unfair practices covered by the T P Act are:
• Misleading or deceptive conduct – hiding rust when selling
a car
• False statements or representation – NEW style
saying new when they are not
• Unfair, offensive or deceptive selling practices – offering
GWP and no intention of supplying them
• Inertia selling – sending unsolicited credit cards
All our paper
items are
Perfect condition recycled
NO RUST

14. In Queensland the Fair Trading Act 1989 + a number of laws
administered by the Qld Office of Fair Trading protect consumers
State level Consumers Affairs covered are:
• Advertising – false or misleading advertising
• Goods – safe design, construction & instructions for use, date
stamping of pre-packaged food
• Consumer Credit – hire purchase, lay-by sales, credit sale
agreements
• Consumer Tribunals – arbitration of consumer-trader disputes
or small claims tribunals or in court
• Motor Traders – the licensing of motor dealers, repair
warranties, disputes.
The Queensland Office of Fair Trading are always looking at new
markets to ensure that consumers wishing to participate in
those markets are protected.

15. DID YOU KNOW?
Australian consumers have rights:
make free choices about what they buy
decide whether or not to buy a particular product
receive the goods and services for which they have paid
be informed about products
not be misled or tricked by dishonest or unfair tactics
BUYER BEWARE

16. SCAMS & RIP OFFS – they DO happen
Misleading advertising – bait & switch strategies
Retailers must ensure they stock a reasonable quantity of goods
they have advertised and let consumers know when the period
when the goods are on offer and if they are limited in number.
Fake advertising – a reduced ticket price MUST be lower than
the original price the items were being sold at
Double ticketing – if two or more stickers are on the item and
the consumer does not charge the lower price
Unsolicited goods – sending goods to people they did not ask
for and then demanding payment for them
Door-to-door sales – retailers or their representatives making
uninvited visits to private homes and offices in an attempt to sell
goods and services
Pyramid schemes – You pay a joining fee and members you
get to join pay money to you, eventually it fails – bottom loose out

17. A bluff for the uneducated consumer
absolutely
NO REFUNDS
http://www.consumersonline.gov.au/
http://www.accc.gov.au/content/index.phtml/itemId/142
Dealing with warranties and after-sales service
Keep the original packaging
Do not try to fix it yourself
Keep your receipt
Get any promises in writing
REMEMBER a price ticket is NOT a contract

18. Books used for referencing
and available from Mrs. Rogers for loan
Commerce.dot.com Concepts and Skills
Business Education w/online support
Back to Business 1
Essentials of Australian Business Law
Commerce Zone
Examining Rules & Laws
Introductory Legal Studies for Queensland
Senior Students
First Steps in Retail Management
Available on school curriculum network and Blackboard website