THE LAW OF COMMERCIAL CONTRACT Revision. THE LAW OF COMMERCIAL CONTRACT Terms implied by Legislation...

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Transcript of THE LAW OF COMMERCIAL CONTRACT Revision. THE LAW OF COMMERCIAL CONTRACT Terms implied by Legislation...

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THE LAW OF COMMERCIAL CONTRACT Revision Slide 2 THE LAW OF COMMERCIAL CONTRACT Terms implied by Legislation 3 Acts that imply terms in a contract Criteria for TPA to apply Definition on consumer contract in TPA Slide 3 THE LAW OF COMMERCIAL CONTRACT Application of Trade Practices Act Applies only where The vendor\supplier is subject to the Act The purchaser is a consumer The service is provided in the course of business Slide 4 THE LAW OF COMMERCIAL CONTRACT Application of Trade Practices Act The supplier is subject to the Act if: A trading, financial or foreign corporation It is operating in a territory (e.g. NT) The contract involves interstate trade The contract involves overseas trade The contract involves the Commonwealth or its organisations Slide 5 THE LAW OF COMMERCIAL CONTRACT Application of Trade Practices Act (s4B) A person is a consumer if: Price of goods\services