Hence the common law and the statue play important role
Case law |
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11/5/2014 |
In the light of these two statements, assess the role of statute, the common law and equity in the enforcement of appropriate standards of conduct in contractual dealings
When we are dealing with law and statues, it becomes very important for us to know what exactly we are talking about. Here the main focus is how the statutes and the common law along with equity play an important role in the enforcement of the standards which will help in deciding the kinds of liabilities that the accused would have to bear when there are cases of undue influence, misrepresentation and so on. The point here remains how these different branches of law is going to help the common man and the court in making things simpler for one and for all.
Next statement which was given to us tells us about certain conduct which should have been actionable under a particular act, but since the ‘influence of statute over the remains of the common law is no more than osmotic’ it would not give the desired results and some examples have also been given. Now if we have to consider the Contract Law which has been given to us, we need to know that the statute as well as the common law has sufficient role to play in the making of the judiciary from all sides. One of the cases which can be given as an example when we are talking about the second statement is News Limited and Ors v Australian Rugby Football League Limited and Ors, where the judgments weren’t the way it was supposed to be. Besides the other case which have been mentioned as the ‘conspicuous examples’ are Amadio and Walton stores. Where Amadio suggests that the involvement of any big party or someone reputable in a case would change the decision, as in if that kind of a party would say that the case or the contract is fair and good, it will, that is the case might just stand impugned which was seen in the case of Commercial bank of Australia v Amadio (1983). Here we can also see that they court may give decision according to what it thinks it right and to save some situation which might be more detrimental.
Another case that we can see is Waltons Stores Ltd vs. Maher
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