Law

Latest Articles


Defending Business and Corporate Crimes – A Lawyer's Account
Experts use the Judicial Commission Information System, as the legal database used by Magistrates and Judges from the Local Court through to the High Court.
Jan 3, 2012 - Gary Lilienthal
The Client Orientation for Mid Tier Law Firms
Managing client expectations in the Supreme Court of NSW and early introduction of Counsel mark the optimal client orientation.
Dec 19, 2011 - Gary Lilienthal
Customary Land Rights in Scots Law: 19th Century Test Cases
In the 19th century, rights of access to public land in Scotland were tested in litigation where a customary right of recreation emerged as a new doctrine.
Nov 19, 2011 - Gary Lilienthal
The US Constitution's Separation of Powers: 1800 Years of Thought
Americans know about the three branches of the federal government: legislative, executive and judicial. This separation of powers developed over 1800 years.
Nov 11, 2011 - David J. Shestokas
Death Penalty: 14 Year Old Executed in USA May Have been Innocent
Activists are seeking to clear the name of seventh grader George Stinney Jr, one of the youngest people ever to receive the death penalty in America.
Oct 4, 2011 - Jo Harrington
Concurrent Ownership in U.S. Real Estate Law
Four main types of concurrent ownership are recognized in American real estate law.
Sep 30, 2011 - Jessie Vanwinkle
The US Constitution's Bill of Rights, Promise Made, Promise Kept
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. These amendments limit the power of the federal government..
Sep 26, 2011 - David J. Shestokas
Australian Corporations Law - The Indoor Management Rule
This article discusses the statutory application of the indoor management rule in sections 128, 129 Corporations Act.
Sep 16, 2011 - Gary Lilienthal
The Common Law of Contract - Interpreting Exemption Clauses
An exemption clause in a contract seeks to exempt, limit or restrict the right of the parties to sue on breach of the obligations contained in the contract.
Sep 15, 2011 - Gary Lilienthal
Monash Students in China Assess Australian Negligence Law
Advanced business law students at Monash College in Guangzhou China were asked about underlying judicial policy issues in the Australian law of negligence.
Sep 14, 2011 - Gary Lilienthal
Partnership Law: Statutory Interpretation, Duties and Authority
Partnership is defined under Australian State statutes in a multi-element definition requiring statutory interpretation.
Sep 13, 2011 - Gary Lilienthal
Contents of the Contract: From Representation to Term
The contract begins with negotiations, moves to offer acceptance and consideration, into the operation phase of the contract, then to ultimate termination.
Sep 13, 2011 - Gary Lilienthal
Remoteness of Damages – The Two Limbs in Hadley v Baxendale
Hadley v Baxendale (1854) 9 Ex. 341 discussed the broken crank shaft from Hadley's Mill, and remoteness of damages in breach of the contract of carriage.
Sep 11, 2011 - Gary Lilienthal
The Law of Contract – The Postal Acceptance Rule
When the postal acceptance rules applies, the contract is made at the moment when the letter of acceptance is posted.
Sep 10, 2011 - Gary Lilienthal
The Role of Consideration in the Common Law of Contract
Most agreements require consideration before they can be enforced by the Court, except for deeds, some equitable issues and many international contracts.
Sep 9, 2011 - Gary Lilienthal
Estoppel in Law and in Equity
The verb to estop means to stop, to hinder or to raise a legal bar. Estoppel was discussed by Sir Edward Coke, writing in the year 1628.
Sep 9, 2011 - Gary Lilienthal
The Legal Characteristics of a Guarantee.
A simplified definition of a guarantee is that it is a promise to answer for the debt, default or miscarriage of another person.
Sep 9, 2011 - Gary Lilienthal
Formal Contract – The Nature of a Deed
A deed is a formal contract defined as a writing on paper, parchment or vellum, signed, sealed and delivered.
Sep 8, 2011 - Gary Lilienthal
Accord and Satisfaction and the Rule in Pinnel's Case
Dixon J described the concept of Accord and Satisfaction in the High Court of Australia case of McDermott v Black (1940) 63 CLR 161.
Sep 7, 2011 - Gary Lilienthal
The Parol Evidence Rule and Its Exceptions
This article describes the operation of the parol evidence rule as it applies in Australia, for business law students.
Sep 7, 2011 - Gary Lilienthal
Agreements Made Subject to a Later Formal Contract
This kind of "subject to" agreement was dealt with by the High Court of Australia in Masters v Cameron (1954) 91 CLR 353.
Sep 7, 2011 - Gary Lilienthal
The Meaning of Fiduciary Relationships and Duties in Business
The purpose of the law is to ensure that the fiduciary is motivated only by a duty of loyalty, uncompromised by the possibility of personal advantage.
Sep 5, 2011 - Gary Lilienthal
Collateral Contract as an Exception to the Parol Evidence Rule
Collateral contract can be regarded as one of the argued exceptions to the parol evidence rule. Collateral contracts are an argument of a separate contract.
Sep 5, 2011 - Gary Lilienthal
How to Answer a Negligence Question in Business Law
This article deals with the Australian law of negligence and shows the student how to write a negligence exam answer in a business law subject.
Sep 4, 2011 - Gary Lilienthal
Appellate Conflict on Obamacare Sets the Table for Supreme Court
As health care reform works its way through the courts, a Supreme Court hearing is now assured as two appellate courts have issued conflicting opinions.
Aug 21, 2011 - David J. Shestokas
Know Your Rights Under the U.S. Family and Medical Leave Act
Congress created the Family and Medical Leave Act so workers would not have to choose between keeping a job and taking care of important family situations.
Aug 16, 2011 - Jessie Vanwinkle