Topic > Private Law and Civil Law: What is a Contract in...

INTRODUCTIONAccording to the case study, Nathan had just arrived in the country and holds a refugee visa. He didn't know what a contract was, and the biggest general problem that arose early on was that he barely understands English. Since he was new to the country and was looking for a phone to contact his family abroad, he thought it would be a great opportunity and that's what inspired him to accept the contract. Nathan was also not fully guided by John on what a contract is and while informing him about the contract. John knew that Nathan was unable to clearly understand what he was offering him. To reach a conclusion and resolve legal issues requires knowledge of the Australian legal system. The Australian legal system consists of sources which are parliament and judges, divided into federal or state law and common law or equity. What is contract law?{ Contract law is a branch of “private law” and “civil law” that defines private law as fully referring to the relationship between people, while public law deals with people and organizations. It differs from criminal law in that the contract provides for compensation in the substance of the claim, unlike punishment for wrongdoing in criminal law. In a contract one party generally sues the other for compensation. The most important and relevant legislation is the Trade Practices Act 1974 which deals with contractual matters. The legislation requires a certain amount of monetary restrictions in order to be enforced. It differs by state, for example in NSW the amount is $75,000 (District Court Act 1973ff 4 and 44(i)(d) and (e)). But in South Australia it costs $40,000 (Magistrates Court Act 1991 s8). } Damiel Khoury, Understanding...... middle of paper ......you know, this will also help him be more successful because if his country is at war with Australia then no contract will apply to him, will be considered an “enemy alien.” But he holds a refugee visa and the refugees need additional assistance to live in the country. There are government institutions and design schools that help them learn English and other facts about the country. Knowing his visa, Dubbios PTY LTD should not include Nathan in the contract. Bearing all the facts in mind, Nathan may also be entitled to remedies which may be statutory remedies: The Trade Practices Act. The Trade Practices Act 1974 has adopted contractual remedies in respect of both sellers' liability and manufacturer's liability in respect of representations errors and the quality, suitability and conformity of goods and services with respect to consumer transactions.