EVALUATE THE EFFECTIVENESS OF THE LEGAL SYSTEM IN PROTECTING
PARTIES TO A CONTRACT
To evaluate you examine the extent to which the law is successful. In this case protecting
parties to a contract and where the law fails too protect the parties.
Consider:
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Definition of the elements of a contract
Statutes that support the elements of a contract
Who is bound by a contract
 Balmain New Ferry Company v Robinson
 Couchman v Hill
Who is vulnerable in a contract
o Minors. Mentally disables, those coerced, those with lack of English skills
o State the cases law that support these categories
 Balfour v Balfour
 Pharmaceutical Society of Great Britain v Boots Cash Chemists
 Blomley v Ryan
 Kaufman v Gerson
 Commercial Bank of Australia v Amadio
 Carlill v Carbolic Smoke Ball Company
What are the roles in ACCC and ASIC in consumer protection?
Discuss Common Law protection and Statutory protection for Unconscionable conduct
, unfair contracts etc.
Role of courts
Remedies available