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476. US FOURTH AMENDMENTS November 02, 2017 The US fourth amendment of the United State constitution prohibits the unreasonable searches. The US fourth amendments give the right of the people to secure their persons, papers, and houses against unreasonable searches. That is, it provides right of people from searching their homes and their private properties without executed searches warrants. They have no warranties issued and they are supported by an oath upon probable cause. Citizens have right to secure their persons, papers, and houses against unreasonable searches. The US fourth amendments were written by the James Madison who ... (read more) Author: Alice Ken

477. US SECOND AMENDMENTS November 02, 2017 The US second amendment applied to the federal government. US second amendment is like a badge and a bumper sticker for the gun activist in the United State. According to the US second amendment, the rights for citizens of United State are created as an individual constitutional. The US second amendment has conceded nothing to the anti-federalist desire which is sharply the curtail of the military power, where this power required the changes in the original constitutional. The US second amendment can be easily accepted because of the agreement that the government has no power to infringe the ... (read more) Author: Alice Ken

478. US FIRST AMENDMENTS November 02, 2017 The US first amendment normally guarantees the freedom of speech, right to petition and religion. The US first amendment forbids the Congress from promoting religion over others and it also forbids restriction of individuals’ religious practice. The US first amendment prohibits the government from establishing, however, the US first amendment prohibits any law that establishes a national religion and that impede the religious exercise. The Supreme Court has interpreted the extent of protection of the US first amendment. In the US first amendments, the first clause explains the freedom of ... (read more) Author: Alice Ken

479. ELEMENTS OF A CONTRACT October 18, 2017 For a contract to be legally binding, offer, intention, price, and acceptance must be in place. A contract is made when an offer of one party is accepted by the other party. Not all people are allowed to a valid contract. There are a group of people that are supposed to be dealt separately, they include young people, people with mental impairment, bankrupts, prisoners, and corporations. A contract has four elements namely the offer, consideration, acceptance, and mutuality. Offer is defined as the promise to abound. There must be acceptance of what has been offered. A person can withdraw an... (read more) Author: Alice Ken

480. INTENTION TO BE BOUND IN A CONTRACT October 18, 2017 Once an offer is made there must be acceptance. The intention to create a legal relationship is one of the essential elements of a contract. Without an intention to create a legal relation, no party can sue the other. If there is no intention to create a legal relation, the contract can be termed as illegal. The intention to be bound in a contract converts the agreement to a true contract. The intention to be bound simply means the competent of a valid and enforceable contract which is required by all parties to the contract. The intention is determined traditionally using different presump... (read more) Author: Alice Ken

481. OFFER IN A CONTRACT October 18, 2017 OFFER IN A CONTRACT In any contract there must be two parties where one party has an offer while the other party accepts the offer. An offer in a contractis made by a person who proposes the terms of an agreement. Offer is a communication that normally gives the party power to close the contract. A person to whom the offer is made is known as an offeree. Offer is the element of the contract and it is normally the first step. An offer in a contract can be signified by the gestures, words or actions. Offer can come in form of letter, website, newspaper, fax, and email. To make an obligation o... (read more) Author: Alice Ken

482. CONSIDERATION IN A CONTRACT October 18, 2017 CONSIDERATION IN A CONTRACT Every party in a contract must give something valuable that attracts the other party to a contract, this valuable something is known as consideration. In a contract, consideration is exchanged with another consideration. The contract may be termed as unenforceable due to the failure of the consideration. Consideration is as a result of either a promise to do something or a promise not to do something. A contract is deemed to be legally binding. Consideration is the benefit which is argued between the concerned parties. In other words, consideration is what one gi... (read more) Author: Alice Ken

483. AGREEMENT IN A CONTRACT October 18, 2017 AGREEMENT IN A CONTRACT Contracts are very detailed these days, unlike the olden days. Agreement in a contract is an arrangement between two or people which is enforceable by the law. When making an agreement in a contract both parties have to come together and have a common understanding of the contract to be made and must have trust in each other. That is, each party must have a knowledge of what the agreement in a contract entails. It is necessary for both parties to agree on the terms of a contract. Every contract must have an offer, an acceptance, the mutual consent, the considerati... (read more) Author: Alice Ken

484. INTENTION IN A DOMESTIC OR SOCIAL AGREEMENT October 17, 2017 The intention to create a legal relationship is one of the elements of the contract. The intention in a domestic or social agreement is defined as a legally binding agreement or contract. The domestic contract is the agreement between two people who are in a family relationship. The marriage contracts, the separation agreements, and the cohabitation agreements are good examples of domestic contract. The intention to create a legal relation shows the commitment of both parties to a contract. In a domestic and social agreement, there is no belief the contract is legally binding. This is becau... (read more) Author: Alice Ken

485. BREACH OF CONTRACT TERMS UNDER ACL October 05, 2017 The Australia consumer law (ACL) and competition and consumer act (CCA) will attract fine and penalties in cases of breach of contract terms under ACL. Fines are in monetary form and are imposed by the court in criminal proceedings. Penalties are monetary fines which are imposed and collected by the civil courts. The calculation of the monetary amount of penalty is independent. Competition and consumer act (CCA) prohibits the cartel conduct and makes it a criminal offense, resale price maintenance, anti-competitive mergers and misuse of market power. For corporations, the most fines an... (read more) Author: Alice Ken

486. LIABILITY CLAIMS FOR LOSS OR DAMAGE UNDER ACL October 05, 2017 The consumer seeks for compensation of the loss or damages caused by the supplier when he supplies goods or services which are not standard. The liability claims for loss or damage under ACL is regulated by the statute and the common law in Australia. The Australia consumer law provides a set of statutory standards, where the breach will cause the manufacturer to be liable for the damages or losses caused. The manufacturer of goods which breach the provisions of the Australia consumer law may face the enforcement action and penalties. The manufacturer may also be liable under the provisi... (read more) Author: Alice Ken

487. 8516 VISA CONDITION October 05, 2017 According to 8516 visa condition, a student must continue to meet requirements for student visa granted. This means that the main course of study must match with the student visa. A student can search for financial help to support the study and stay in Australia. Student visa applicant with the confirmation of enrollment from the education provider at master or doctorate level is usually assessed under a streamlined visa processing arrangements. Under this benefit, the visa is granted based on having met the lower threshold of proof of the education history, English language liability an... (read more) Author: Alice Ken

488. SUBCLASS 573 VISA ESSAY October 05, 2017 To write a good subclass 573 visa essay, a student must be aware of the Subclass 573 and its conditions. Subclass 573 is the higher education sector visa which is the main route into Australia for all international students who wish to study in Australia. Here is Example of Subclass 573 Visa Essay In order to apply for subclass 573 visa, first, a student must have confirmed a place in one of the universities in Australia which lead to bachelor’s degree, associate degree, graduate diploma, master’s degree, and higher education diploma. In order to be eligible for a student must ... (read more) Author: Alice Ken

489. RESTRICTIONS UNDER S48 OF AUSTRALIAN IMMIGRATION ACT October 05, 2017 S48 says that a non-citizen in Australia does not hold a substantive visa. The substantive visa includes all visas other than the bridging visa, criminal justice visa, and an enforcement visa. The restrictions under the S48 of the Australian immigration act is found in migration act of 1958. Section 48 of Australian immigration act states that if the visa application has being refused by the DIAC and if the visa was cancelled under section 109, the party may subject to the regulations and apply for a visa of a class which is prescribed for the purposes of this section but not apply for the ... (read more) Author: Alice Ken

490. PARTNER 820/801 VISA October 05, 2017 Partner 820/801 visa allows partners or spouses of the Australia, Australian permanent resident, and the new eligible Zealand citizens to live in Australia. Partner 820 visa is issued first and allows one to stay in Australia while the permanent visa which is partner 801 is been processed. Partner visas are available for both heterosexual and the same-sex couples. The permanent visa is issued in two stages. In order to be eligible for a permanent visa in Australia, one has to apply for a temporary partner visa. Both temporary and permanent visas are applied at one time at a fee. Temporary... (read more) Author: Alice Ken

491. 572 VOCATIONAL EDUCATION AND TRAINING SECTOR VISA October 05, 2017 Australian visa is usually available from the Australian government at a lower cost. The 572 vocational education and training sector visa allows the students to enter and study in Australia in vocational or training courses.572 vocational education and training sector visa lead to the awards like certificate I, II, III and IV, advanced VET diploma, vocational graduate certificate and vocational graduate diploma. In order to be eligible for 572 vocational education and training sector visa , a student must provide a proof of the acceptance of the vocational or the training course at the Aus... (read more) Author: Alice Ken

492. UNSOLICITED SALES TRANSACTIONS UNDER AUSTRALIAN LAW October 03, 2017 The consumer law offers protection against the unsolicited sales and the selling practices including the right to ask the dealer to leave the premises and to restrict the calling in certain hours. The Australia consumer law comprises of a single law which covers unsolicited sales that include door-to-door sales and other forms of selling that does not take place in a retail context. The unsolicited consumer agreement law has the supplier’s obligation about the way the consumer is approached, the supplier obligation on the post-contractual behavior and the consumer’s right. According to th... (read more) Author: Alice Ken

493. HOW TO ANALYZE A LAW CASE USING ILAC METHOD September 28, 2017 ILAC method is a simple method formulated to tackle a law paper. This method has been used over and over by both law students and practicing professionals. The law case should be written in a logical way. Some law students lack the necessary study skills and exposures when asked to analyze a law case using ILAC method. ILAC helps a student to make sure that the right applications and arguments are used and in the right context. ILAC stands for issue, law, application or argument and conclusion. This can be applied in legal case analysis in the following ways: Issue: State the is... (read more) Author: Alice Ken

494. AUSTRALIA CONSUMER LAW (ACL) September 28, 2017 Australia consumer law is the national rules that govern both fair trading and consumer protection. The Australia consumer law applied to all Australian businesses. Australia consumer law started in 2011 and is a cooperative reform of both Australia government and States and territories which occur through law and governance forum of the consumer affairs. The law is administered by both the Australian Competition and Consumer Commission and State and Territory Consumer protection agencies in conjunction with Australian Securities and Investment Commission. The Australia consumer law allows th... (read more) Author: Alice Ken

495. UNFAIR CONTRACT TERMS IN ACL September 28, 2017 Unfair contract terms in ACL are the laws that protect the consumer terms in areas where they have no opportunity to negotiate with the business. This contract in Australia is entered by the consumers or by the small businesses who normally use less than twenty people. A small business may include advertising, courier services, the supply of raw materials, telecommunications and waste management and cleaning services. The court can decide the terms of standard form contract is void if the court considers that the term is unfair. The standard form contract is prepared by one party of the con... (read more) Author: Alice Ken

496. CONSUMER PROTECTION UNDER S. 18 OF ACL September 28, 2017 The section 18 of the Australia consumer law prohibits unfair trade practices which include misleading conduct, making a false representation to sell of goods and services, unconscionable conduct and unfair terms in the consumer contract and the standard form consumer contracts. The remedy is easily found in Victoria under the ACL and FTA’s application of Australia consumer law. The Australia consumer law applies to consumers. The law states that a person acquiring goods or services is a consumer if the goods or services acquired amount the less than $40,000 if the goods were acquired for hou... (read more) Author: Alice Ken

497. FALSE OR MISLEADING REPRESENTATIONS IN ACL September 28, 2017 False and misleading representations is found in chapter two of the Australian consumer law. The chapter has general protection which creates the standard of business conduct in the business including the general ban of false and misleading representation in trade or commerce. Section 18 of this chapter prohibits any person in trade or commerce from engaging in false or misleading representations. The circumstances of each case figure whether the representation is misleading or false. A statement misleading one group of consumers may not mislead the other group. A representation can be mi... (read more) Author: Alice Ken

498. UNCONSCIONABLE CONDUCT IN TRADE OR COMMERCE (ACL) September 28, 2017 UNCONSCIONABLE CONDUCT IN TRADE OR COMMERCE (ACL) Unconscionable conduct is the terms used to mean the conduct that is harsh and that is against good conscience. The unconscionable act deals with the transaction between the weaker and dominant parties. In Australia business must not engage in unconscionable conduct especially when dealing with other businesses or consumers. Unconscionable conduct in trade or commerce does not exactly have a legal meaning but it is a concept developed on basis of a case-by-case by the court. A situation may be unconscionable if it is harsh or oppressive. ... (read more) Author: Alice Ken

499. HOW TO WRITE LITIGATION LAW ESSAY September 26, 2017 Litigation law refers to the rules that govern the disputes in the court system. Litigation is associated with the tort cases. The best way of understanding litigation law is by becoming familiar with basic stages in the lawsuit. Many students are not aware of writing skills applied when they asked to explain how to write a litigation law essay. A good litigation law essay consists of the following elements, namely, facts, issues, holding that is applied rule of law and rationale which means the reason for applying rule of law. All these elements should be good states and discussed. ... (read more) Author: Alice Ken

500. HOW TO WRITE PERSONAL INJURY ESSAY September 26, 2017 Personal injury is the legal disputes which arise when a person suffers a harm from the accident or injury. Personal injury can be formalized through civil court proceedings. Essay writing is an assignment given to students who have joined college. Essay writing is like a gauge which measures the understanding of a student in a particular course. Writing an essay can be a stressing task to the students. On how to write a personal injury essay, a student must be well equipped with writing skills applied. A good personal injury essay has good grammar and shows a complete understanding of th... (read more) Author: Alice Ken

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