Agency disputes: rights and responsibilities
“Agency” is a long-standing legal term referring to a situation or relationship where somebody is authorised to act on behalf of somebody else. The person authorised to act on behalf of another is commonly referred to as the “agent”, and the person the agent acts on behalf of is commonly known as the “principal”. The […]
Franchise agreements, the law, disputes and remedies
Franchise agreements are commonplace in the modern era of branding and cost-effective business arrangements. Large and small companies alike have identified the benefit of branding a product or service, manufacturing or sourcing its commodity, and marketing (the franchisor) and then selling the right to provide the service or product to another party (the franchisee). One […]
Minority shareholders
Minority shareholders in Australia have various rights and protections under Australian law – for instance, the right to be heard at company meetings. Majority shareholders often have a lot of power and influence, and in some circumstances, they may even have the ability to elect the whole board of directors and effectively control the company entirely. […]
Frustration of contracts: what causes a contract to break?
What is frustration of contracts? The doctrine of frustration states that frustration occurs when an unforeseen event renders performance of a contract impossible or radically different from that originally contemplated by the parties. No party is considered at fault. If a contract is found to be frustrated, it is automatically terminated. All future obligations of […]
The tort of passing-off
In Australia, the tort of passing off involves one party misrepresenting another party’s goods or services as their own.
Careless or reckless: a guide to negligence in Australia
Table of contents In Australia, negligence occurs when a person causes damage to another person through recklessness or carelessness. The negligent behaviour can be a result of either an act, or a failure to act. What are the elements of negligence? In an action for negligence, the party who is alleging negligence must prove that:1 […]
