Final Exam Notes. View content table below Table of Contents Module 2 Notes Accidents and Mistakes: Liability for Negligence 5 Topic 1: Introduction to torts 5 Types of tort 5 Topic 2: Negligence 5 What is negligence 5 Topic 3: Duty of care 5 What is duty of care 5 Topic 4: Breach of duty section 5B 6 What is breach of duty: 6 Risk was foreseeable 6 Risk was not insignificant 6 Precautions 6 Topic 5: Damage section 5D 6 Factual causation 6 Scope of Liability 6 Module 3 Risk Management: Avoiding Liability for Negligence 7 Topic 1: Defences against the elements of negligence 7 Introduction to defences 7 Defences against duty of care 7 Defences against breach of duty 7 Topic 2: Defences against negligence generally 8 Contributory Negligence 8 Limitations period 8 Assumption of risk 8 Recreational activities – s 5G CLA 8 Dangerous recreational activity 8 Intoxication s 50 CLA 9 Criminals s 54 CLA 9 Vicarious liability 9 Non-delegable duty 9 Topic 3: Negligent misstatement 9 Module 4 - Business Organisations or Relationships; protecting your brand 10 Agency 10 Sole Traders 10 Partnerships 11 Trusts 11 Company 12 Franchise 12 Copyright 13 Trademark 14 Module 5: Making deals: creation of contracts 15 Topic 1: introduction to contracts 15 Business transaction and the need for certainty 15 What is a contract? 15 How are contracts made 15 Form of contract 15 Elements of a contract 15 Topic 2: Agreement – offer 16 What is an offer? 16 How to determine whether a communication is an offer? 16 Offeror and offeree 16 Communications that are not offers 16 When do offers end? 17 Counter-offers 17 Topic 3: Agreement – Acceptance 18 Express acceptance 18 Implied acceptance 18 Responses that are not acceptances 18 Topic 4: Intention 19 What is intention? 19 Expressly stated intention 19 Implied intention 19 Topic 5: consideration 19 What is consideration 19 Module 6 – when deals go wring: interpretation and enforcement of contracts 20 Topic 1: Terms 20 What are terms? 20 Express terms 20 Implied terms 20 Conditions and warranties 20 Interpretations of terms 20 Topic 2: Invalid Contracts 20 incapacity 21 Mistake 21 Duress 21 Undue influence 22 Unconscionability 22 Misrepresentation 22 Non-Est factum 22 Topic 3: Ending contracts 22 Completion 22 Agreement 22 Operation of legislation 22 Operation of the contract 23 Rescission 23 Termination upon breach of a condition 23 Termination upon repudiation of a condition 23 Frustration 23 Topic 4: Remedies 24 Specific performance 24 Injunction 24 Restitution 24 Damages 24 Module 7 – employer and employee relationships 25 Topic 1 – employee or contractor? 25 Vicarious liability 25 Topic 2 – employee entitlements 25 National employment standards 25 Modern awards 26 Enterprise agreements 26 Topic 3 – recruitment and dismissal 26 Dismissal 26 Topic 4 – work health and safety 27 Maintaining a safe workplace 27 Topic 5 – discrimination 27 Treating employees equally 27 Module 8 Advertising and Sales: Consumer Law 1 28 Topic 1: overview of consumer law 28 Topic 2: misleading or deceptive conduct 28 Section 18 28 Making pre-contractual statements 28 Expressing opinions or representations about the future 28 Staying silent or doing nothing 28 3 steps for misleading or deception 29 Topic 3: false or misleading representations 29 29 False or misleading representations about goods or services 29 Prohibited types of representation 29