Seddon on Deeds
Seddon on Deeds

Author: Nicholas Seddon

Publisher:

Published: 2015

Total Pages: 248

ISBN-13: 9781760020194

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Seddon on Deeds provides important insights for practitioners on the hazards that can be encountered in using deeds and sets out how to ensure that a deed is legally sound and how to avoid trouble. This is the first Australian text on the law of deeds.

The Pathway to a Digital Deed.
The Pathway to a Digital Deed.

Author: Charles Moore

Publisher: charles moore

Published:

Total Pages: 93

ISBN-13:

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The idea of making a deal with a handshake—what we generally call an incomplete contract—makes most of us uncomfortable. While complete contracts are inevitably imperfect; electronic signatures represent legal trickery, which produces incomplete contracts. The legal system via electronic signatures has conjured up a set of unknowables, technical inept, and incomplete set of legal experimentation, which seeks to produce incomplete and legally reputable contracts and agreements. Signatures don’t work very well in a vacuum, and only have meaning when existing alongside something else, the faith we have in the meaning of signatures stems from the mechanisms involved in the use of paper. Electronic signatures are a question of understanding an unknowable technology. Bruce Schneier - a renowned cryptologist - once wrote that “electronic signature” probably is the greatest terminological mistake in the history of cryptology. THROUGHOUT HUMAN HISTORY A SEAL APPLIED TO A PIECE OF PAPER AND LATTER A WET SIGNATURE REMAINS THE GOLD STANDARD OF INTENT AND NON-REPUDIATION.

The Lawyer’s Style Guide
The Lawyer’s Style Guide

Author: Peter Butt

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 968

ISBN-13: 1509936262

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Clarity and precision in legal writing are essential skills in the practice and study of law. This book offers a straightforward, practical guide to effective legal style from a world-leading expert. The book is thoughtfully structured to explain the elements of good legal writing and its most effective use. It catalogues all aspects of legal style, topic by topic, phrase by phrase, usage by usage. It scrutinises them all, suggesting improvements. Its 'dictionary' arrangement makes it easy to navigate. Topics range as widely as ambiguity, definitions, provisos, recitals, simplified outlines, terms of art, tone, and the various principles of legal interpretation. Words and phrases deal with legal expressions that non-lawyers find opaque and obscure. The purpose is to show that you can usually substitute a plain-English equivalent. Usage entries include matters such as abbreviations, acronyms, active and passive voice, brackets, bullet points, citation methods, cross-referencing, deeds, fonts, document design, footnotes, gender-neutral language, numbering systems, plain language, punctuation, the use of Latin, structures for legal advices and documents, and techniques for editing and proofreading. With an emphasis on technical effectiveness and understanding, the book is required reading for all those engaged in the practice and study of law.

Government Contracts
Government Contracts

Author: Nicholas Seddon

Publisher:

Published: 1999

Total Pages: 342

ISBN-13: 9781862873308

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The operation of government purchasing contracts and the way the law applies to them, is the subject of thorough and penetrating analysis in this new edition of a standard work. It provides a complete analysis of important new developments and new material on legal risk in contracting, statutory contracts and trade practices law.

Government Contracts
Government Contracts

Author: Nicholas Seddon

Publisher:

Published: 2004-01

Total Pages: 399

ISBN-13: 9781862875319

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This book is Australia's definitive legal text on all levels of government contracting. It explains the law in a manner that is accessible to government contract managers and their private sector counterparts doing business with government. The book has been referred to as an authoritative text in State, Federal and High Court judgments. In the first chapter, the book covers the policy debate about the use of contract by government and provides a very practical guide to the contracting out decision, keeping in mind the limitations of contract and what can be done about them. This chapter also examines the implications for central, State and Territory governments of the Australia-United States Free Trade Agreement. The remaining chapters analyse the extra law that applies when a government body is a party to a contract. This includes the special position of government in its powers and procedures when contracting and the still-existing government privileges and immunities, including the source of "sovereign risk" for contractors. Government claims of exemption from legislation are a continuing complex and difficult problem, with new cases showing the prevalence of this practice. A chapter is devoted to how the Trade Practices Act and associated legislation binds and does not bind government bodies. The phenomenon of private sector bodies claiming derivative immunity appears to be increasing. A chapter discusses the latest Australian case law on government tenders, an area that continues to develop. As with previous editions, the latest Canadian case law is also included because it provides guidance on almost any conceivable tender mishap. In this and other areas of government commercial activity, administrative law remedies are increasingly being sought by disgruntled private sector entities. Note: As this book went to press the High Court handed down an important decision (NT Power Generation Pty Ltd v Power and Water Authority) which held that a government utility was bound by the competition provisions of the Trade Practices Act. This case is covered in the book. This book is indispensable for lawyers, government contract managers and their private sector counterparts.

The Varieties of Restitution
The Varieties of Restitution

Author: Ian Jackman

Publisher:

Published: 2017-03-17

Total Pages: 226

ISBN-13: 9781760021320

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Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.