LLB170 Lecture Notes - Lecture 3: Competition And Consumer Act 2010, State Rail Authority, Goodman Fielder
Document Summary
Week three gap filling: common law - implied terms, statutory - consumer guarantees in consumer contracts, common law - implied terms. Terms will not be implied where they have been expressly excluded by the parties or are inconsistent with the express terms of the contract byrne. Terms that are tailor and therefore unique to the particular contract in question. Process aimed at giving effect to the presumed intentions of the parties. Australia uses bp refinery tests: bp refinery (westenport) pty ltd v shire of hastings (1977) 180 clr. 266 hca approved in codelfa construction v state rail authority of nsw (1982) Informal contracts identify express terms and consider whether any terms can be implied. Terms implied in all contracts of a particular class or description. E. g. implied warranty of seaworthiness or the implied promise by a banker not to disclose the state of his customers accounts. Courts favor the test of necessity: byrne v australian airlines ltd (1995)
