Lecture 7: The Law of Torts 1
Time Limits 1
Negligence 2
1 Duty of Care 2
Occupiers Liability 3
Public Authority 3
Duty of Care – Categories of Negligence 3 Duty of Care – Negligent Misstatements 4
2 Breach of Duty of Care 4
3 & 4 Damages & Reasonably Foreseeable 5
5 Defences against Negligence 6
6 Recovery 7
Vicarious Liability 7
Statutory Duty & Criminal Negligence 8
Lecture 8: Agency & Partnership 8
Sole Trader 8
Agency 9
Other Agency Relationships 9
Classification of Agents (types) 10
Creation of Agency 10
Authority 10
Duties of an Agent 11
Rights of Agents Against Principal 11 Remedies available to the Principal 11
Termination 11
Types of Agency 12
Partnership 12
Types of Partnership 12
Joint Ventures 13
Existence of a partnership 13
“Carrying on a business in common with a view of profit”
13 Relationship to outsiders (and each other) 14
Liability 16
Fiduciary duties of partners 17
Dissolution of partnership 18
Lecture 9: Corporations (company) Law
18
Business Structure Model 18
Corporate Personality & Corporate Viel 19
Advant/Disadvant 19
Corporate Regulation & Registering a Company 20 Corporate Regulation, register a company &
Shares
20
Proprietary Company (private) 21
Advant/Disadvant 21
Public Company 21
Organs of the Company 21
Officers of a Company 21
Constitution and powers of a company 22
Directors Duties 22
Insolvency & Insolvent Trading 24 Companies in Financial Difficulty Model 24
Employee Entitlements 24
Insider Trading 25
Remedies for Breach of Director’s duties 25
Termination of Membership 25
Unincorporated & Statutory Incorporated Associations
26 Other Business Structures: What to choose? 26
Lecture 10: Anti Discrimination Law 27
Discrimination 27
Equal Employment Opportunity 28
Human rights based legislation (anti- discrimination & EEO)
28 Anti-Discrimination Legislation 28
Bullying 28
Discrimination (Cth) Federal Legislation 28 Anti-Discrimination Act 1991 (QADA) TEMPLATE 29
1. Attribute (Ground) 29
2. Types (Direct/Indirect) 30
3. Area 31
4. Exemptions 32
5. Defence 34
6. Procedure 35
7. Remedy 35
Sexual Harassment 36
Victimisation 37
Vilification 38
Summary 39
Lecture 11: Employment Law 40
The Commonwealths Industrial Powers – Constitution
40
Employment Relationship 40
Contract of Employment 41
Duties & Liability of the Employee 42 Statutory Rights & Obligation 42
Changes to Industrial System 43
Main Statutory Bodies & Courts 43
Bullying 43
Termination of Employment 44
Wrongful/Unfair/Adverse & Unlawful dismissals 44
Issues Commission (Tribunal) 45
Fair Work Act 2009 – Unlawful Termination 45
Remedies for Dismissal 46
Workers’ Compensation Legislation 46
Robens Report 47
Federal & State Workplace Health & Safety Legislation
47
Officers Duties – Section 9 CA 47
How to meet WHS Obligations Model 48
Inspectors 48
Penalties for Breaching WHS 48
Workplace Consultation, Records & Reporting 49
