Tertiary and Continuing The Law Thread

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DTRAIN87 said:
Fair point but when you are told by a criminal lawyer you know that 70-80% of his cases involve finding technicalities to get charges dropped and most of these aren't taught in the course it seems about right. Many don't ever use units like Constitutional law in any great deph for example.
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See I've practised primarily in public law so the constitutional and admin stuff is used rather frequently.

Hand me a criminal information and I would panic, consult textbooks, refer to anyone, anyone else who would undoubtedly be more qualified.

Still need to know the basics though to be able to give the qualified "this may involve the commission of an offence" advice.
 
Alright so I've started to structure my study a bit better and am just going through each stage of the process, like you said jo. Starting to make a lot more sense. However I need a bit of help understanding revocation. The textbook I'm reading said that Mobil v Wellcome had the effect of making an offer made in return for performance of an act revocable at any time, providing there is no implied contract or estoppel. As I see it this effectively reversed decisions such as Veivers v Cordingly where it was held offers made in exchange for performance of an act could not be revoked once the act had been partly performed.

However, if I'm reading the case right, it seems the stuff about there being 'no basis for any universal principle that the offerer may not revoke once the offeree embarks upon performance' is all obiter, because the court held there was no offer in the first place. Why then, is it such good authority?
 
getthefooty said:
However, if I'm reading the case right, it seems the stuff about there being 'no basis for any universal principle that the offerer may not revoke once the offeree embarks upon performance' is all obiter, because the court held there was no offer in the first place. Why then, is it such good authority?
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I can't help you with technicalities because it's been years since I did contract. But what I can tell you is that a lot of obiter, particularly from Courts of Appeal and the High Court, are often incredibly weighty because they are from courts of superior record.

Remember, if a judge has previously given obiter for a hypothetical scenario and those (or similar) facts arise in a new case that same judge is likely to make the same assessment. But in that new case what was previously obiter would become ratio and therefore binding precedent.

A lot of tort law in relation to goods is based entirely off obiter. A lot of constitutional issues are nothing but obiter because in-depth constitutional challenges are quite rare.

Assess each case, and each exam answer, on its merits. Regardless of whether a judgement is ratio or obiter, if it's a similar scenario then it will be relevant.

But, of course, if something is iron-tight and some judges are quite clearly barking up the "wrong" tree (see: Kirby) you should pay less attention to them.
 

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And in contract just create yourself a sort of check-list for each element (offer, acceptance, consideration etc.). Don't bother addressing an element if it's clearly legal sound...focus on the issues or grey areas.
 
jonoman89 said:
I can't help you with technicalities because it's been years since I did contract. But what I can tell you is that a lot of obiter, particularly from Courts of Appeal and the High Court, are often incredibly weighty because they are from courts of superior record.
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Add in Gummow's recent tangent that obiter from the High Court isn't really obiter and it gets very complicated (I would not even consider discussing this in a first year law exam)
 
Have you done the revision lecture? Seems most get spoonfed a lot from here. Also bear in mind that generally stuff not done in the assignments will be more likely tested on the exam.
 
j flex roo said:
You'd be amazed at how little of the knowledge you obtain in a law course you actually use when practicing.

I estimate about 15%.

It's the less tangible (for want of a better word) skills you pick up that matter.
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I wouldn't even say that much. I looked over my academic transcript recently and couldn't even remember the units, let alone their content (admittedly I went to a commercial-focused uni and practice in criminal law).

At best it serves to give exposure to a variety of areas, but even then you can't properly understand if you enjoy and are suited to them until you've experienced them in practice.



Incidentally, an interesting case to look at both in relation to the discussion a couple of pages back regarding the importance attributed to marks and for those putting together a CV...

http://www.austlii.edu.au/au/cases/vic/VLPT/2004/18.html
 
Donners said:
I wouldn't even say that much. I looked over my academic transcript recently and couldn't even remember the units, let alone their content (admittedly I went to a commercial-focused uni and practice in criminal law).

At best it serves to give exposure to a variety of areas, but even then you can't properly understand if you enjoy and are suited to them until you've experienced them in practice.



Incidentally, an interesting case to look at both in relation to the discussion a couple of pages back regarding the importance attributed to marks and for those putting together a CV...

http://www.austlii.edu.au/au/cases/vic/VLPT/2004/18.html
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I disagree to the importance attributed to marks bit and the aforementioned discussion. This firm utilised the marks to employ the person but other firms don't. Therefore at best there is a very loose nexus between the grades you have and employment as described by this case.
 
Ok so I have an exam on Friday and can someone please tell me the difference between unconsciable conduct and statutory unconsciability.
I will be forever in your debt. Thanks
 

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Stratton_Gun said:
Ok so I have an exam on Friday and can someone please tell me the difference between unconsciable conduct and statutory unconsciability.
I will be forever in your debt. Thanks
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Can't you ask your lecturers/tutors these questions during consultation instead of on BF? Would probably get a better answer and one which is more suited to your exam on Friday.
 
Stratton_Gun said:
I have but the lecturer hasn't replied yet. I thought I might as well try since there is a "Law Thread" :)
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Amazing that yours respond to emails with questions regarding the law (as opposed to questions about the course). Up here there is a policy in the law faculty that they don't answer those types of questions via email only in consultation as it's too much work (which is very understandable).
 
Elixuh said:
Amazing that yours respond to emails with questions regarding the law (as opposed to questions about the course). Up here there is a policy in the law faculty that they don't answer those types of questions via email only in consultation as it's too much work (which is very understandable).
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UQ?
 
UseYourIllusion said:
Just interested. Me too. Chipping away at some Trusts B lectures at the moment.
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LOL...same here...

Had the 100% remedies on Mon and 90% Property B yesterday.
 
Elixuh said:
Older lady? Yes. Was terrible. Worst course in terms of presentation and structure by a mile.
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Oh wait, got Property A mixed up with Property B.

Isn't that learning guide a nightmare? 100 pages, ridiculous lecture slides... I did it last year and can hardly remember any of it.
 
UseYourIllusion said:
Oh wait, got Property A mixed up with Property B.

Isn't that learning guide a nightmare? 100 pages, ridiculous lecture slides... I did it last year and can hardly remember any of it.
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Yep. The whole course is a nightmare.
 
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