An advertisement constitutes acceptance.

Advertisements can constitute offers, and this

is usually the case.

An advertisement can never constitute an offer.

Advertisements are generally not offers, but can be in

particular circumstances.

Both can apply, depending upon whether the case

is brought before the Federal courts, or the State courts.

The Act of Parliament prevails, because parliament is

the superior law-making body, and it has the power to modify the common law.

Judge‐made law prevails, because judicial

law-making has a longer history than law-making by parliament, so it is

therefore superior.

Neither apply, because they cancel each other

out. New law is then required in order to regulate that particular business law

issue.

‘On the balance of probabilities’ is a higher standard

of proof than ‘beyond reasonable doubt’.

In a civil action, the plaintiff needs to

establish (on the balance of probabilities) the truth of her or his claim.

In civil law proceedings, the action is brought

by an individual who has suffered loss and the aim is to provide a remedy,

normally in the form of monetary compensation.

In criminal law proceedings, the action is

brought by the State on behalf of society as a whole and the aim is to punish

the wrongdoer by imposing a sanction such as a fine or jail term.

Decisions of equivalent or higher standing

courts from other jurisdictions have persuasive value, but do not have to be

followed.

The ratio decidendi (i.e., reasons for deciding)

is the part of the judgment that is binding on lower courts, and the obiter

dicta is the part of the judgment that was not strictly necessary in order for

a court to reach a decision.

Higher courts establish precedents which are

binding on lower courts in the same court hierarchy, if the facts in the cases

are similar.

The Supreme Court of Victoria is bound by decisions

of, for example, the Supreme Court of New South Wales, as long as the facts in

the case before the courts are similar.

Australia has a unified, single legal system, so

businesses only have to comply with one set of laws.

There is a central Federal government as well as State

and Territory governments that all have law making powers, so businesses are

subject to laws passed at both levels of government.

There is more than one system of government – a

central Federal government as well as governments of the States and Territories

– but businesses only have to comply with laws passed by the Federal

Parliament.

Australia has a system of States and

Territories, so businesses have to comply with just one set of laws at any one

time, but those laws might be different depending on where in Australia the

business is located.

In Australia, the Governor-General does not have

the power to dismiss a properly elected Prime Minister.

In practice, the government exercises a

legislative function as it creates law by way of the doctrine of precedent.

In Australia the legislature and the executive are not

entirely separate because, under the Westminster system, members of the

executive must also be members of the legislature.

In a Westminster system (including in

Australia), executive power is clearly separate and independent from the other

two sources of governmental power, while the judiciary and the legislature

overlap to some extent.

Judges can be removed from office when their decisions

are inconsistent with the policies and objectives of the executive government.

The law is applied equally to everyone,

regardless of their social status, culture, religion, or political beliefs.

The existence of a robust and independent media,

acting as a check on all branches of government.

Courts must be accessible and therefore able to

be used by all members of the public.