In its discussion of accessory liability under the second limb of Barnes v Addy (1874) LR 9 Ch App 244, the High Court in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 236 ALR 209 affirmed and clarified a test based on knowledge and left for another day the question as to whether accessory liability under the second limb of Barnes v Addy should be reformulated on the basis of dishonesty as applied by the Privy Council in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378. Discuss and compare the two different approaches to determining accessory liability under English law and Australian law respectively. In your discussion, consider also the extent to which if at all, each approach may result in a different outcome. Your answer should assess the advantages and disadvantages of each of them together with the approach which you favour and the reasons for that conclusion March 7, 2015 Read More »
Is the Red Hand Rule still required to protect consumers in today’s society, since UCTA 1977 can provide protection against unfair exclusion clauses? March 7, 2015 Read More »
Read the case summary of Thornton v Shoe Lane Parking Ltd [1971] (which can be found on the Westlaw database, or in Koffmann and Macdonald or Taylor and Taylor) and answer the following: What reasons did the Judge give for deciding that the exemption clause in Thornton v Shoe Lane Parking Ltd [1971] would not apply? March 7, 2015 Read More »
our problem is that we want to keep our culture. We want to respect our ancestors and their law but we also want to be equal citizens and we want human rights. We can’t do without changing our Law. But we need it ourselves, others want to do that for us. Only we can solves our own problems and we will do it our own way. But we really need the support of governments and our fellow citizens. You need to listen to the voices that are usually drowned out by the strong, the noisy and the powerful. You need to find a way to listen to those who don’t speak English. who are the most marginalized and victimized in our communities. You need to listen to our own women and young people, the ones who don’t have a voice under the old law. If you really want us to have human rights then you have to to find ways to protect victims of black crime as well as white crime March 7, 2015 Read More »
Ad Hoc and Institutional : when the parties conclude an agreement which provide a framework for the resolution of their disputes by arbitration without any assistance from an arbitration institution. March 6, 2015 Read More »