TweetIntroduction This paper examines ‘Phil’ the hypothetical lawyer who didn’t study international commercial law, which is not necessary to complete a law degree. Phil didn’t know the United Nations Convention on Contracts for the International Sale of Goods ‘CISG’ applied to a contract of sale based on Victorian law. The CISG’ has been adopted worldwide […]
the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….
The convenience of executing legal documentation with electronic signatures must be carefully weighed against issues of enforceability and security. In this update, we explain the decision in Williams Group Australia Pty Ltd v Crocker  NSWSC 1907, in which the Supreme Court of New South Wales ruled that a company director was not bound by a guarantee that (apparently) bore his electronic signature.
The Federal Court has declared that Europcar Australia’s 2013 standard rental agreement contained a number of unfair terms and that it had made false and misleading representations about consumers’ liability in the event of vehicle damage.
The Court was considered that Alameddine’s mother at the time of paying there was no clear warning prior of the dangers, a reasonable person in the position would not have been aware of the risks of quad biking going by their website advertising.