Full HD Exam Notes for Commercial Law

1 Found helpful • 43 Pages • Complete Study Notes • Year: Pre-2018 • Previously uploaded under: 70327 - Commercial Law

Australian Consumer Law 3 Does the ACL apply? 3 Personal, Domestic, or Household (PDH) Use or Consumption 4 Contract Terms Excluding ACL 4 Unfair Contracts Terms 4 Consumer Guarantees 5 Guarantees Relating to Supply of Goods 5 Remedies relating to the Supply of Goods 7 Remedies relating to the Supply of Services 9 The Personal Property Securities Act (PPSA) 11 Overview of PPSA Application/PQ 11 Definitions 11 Does the PPSA Apply? 12 Is there a Security Interest? 13 In-substance Security Interest 14 Deemed Security Interest 15 Has the security interest been perfected? 17 Section 19 – Attachment of Security Interest (Enforceability against Grantor) 17 Section 20 – Enforceability Against Third Parties 17 Section 21 – Perfection of Security Interest 18 Priority Contest 20 Enforcement 21 Australia’s Credit Law (NCCPA and NCC) 23 Does the Consumer Credit Law apply? 24 Credit Licensing 26 Has Credit Provider/Assistance Followed Responsible Lending Requirements? 26 Responsible Lending Requirements 27 Special Rules 29 Case Examples 31 Remedies and Enforcement 31 Private International Law 33 Proper Law of Contract in Commercial Transactions 33 Determining the Proper Law of Contract 33 Specific Legislation Previsions 34 International Sale of Goods 36 United Nation Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention) 36 Applicability of the Vienna Sales Convention 36 Formation of the Contract 37 Conformity of Goods 37 Third Party Claims 38 Performance of Contract 38 Remedies 40 Incoterms 41 Overview 41 Functions 41 Delivery and Risk of Loss 41 Specific Terms 41

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