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Commercial Bank Of Australia Ltd V Amadio
Commercial Bank of Australia Ltd v Amadio,[1] is an Australian contract law and equity case, in which the legal issue of unconscionable dealing due to a lack of knowledge or education is examined and the implications as to the imbalance in bargaining power are considered. The case is a formative case for the defence of unconscionability and is studied under contract law in Australian law schools.Contents1 Background1.1 Facts 1.2 Supreme Court 1.3 Full Court of the Supreme Court2 Judgment2.1 Majority opinion 2.2 Dissenting opinion3 ReferencesBackground[edit] Facts[edit] The Amadios, whose son carried on business as a builder, guaranteed the son's indebtedness to the Commercial Bank of Australia. To this end, they executed certain documents the effect of which was to provide the bank with a mortgage over a building which they owned. When the son's business failed, the bank sought to enforce the guarantee
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High Court Of Australia
The High Court of Australia
Australia
is the supreme court in the Australian court hierarchy and the final court of appeal in Australia.[1] It has both original and appellate jurisdiction, the power of judicial review over laws passed by the Parliament of Australia
Parliament of Australia
and the parliaments of the states, and the ability to interpret the Constitution of Australia and thereby shape the development of federalism in Australia. The High Court is mandated by section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the Judiciary
Judiciary
Act 1903. It now operates under sections 71 to 75 of the Constitution, the Judiciary
Judiciary
Act, and the High Court of Australia
Australia
Act 1979
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Len King
Leonard James King AC QC (1 May 1925 – 23 June 2011) was an Australian politician, lawyer and judge.[1]Contents1 Early life 2 Legal career 3 Political career 4 Judicial career 5 Recognition 6 Legacy 7 See also 8 References 9 External linksEarly life[edit] King matriculated from St Joseph's Memorial School at age 14, then worked at Shell Company as a clerk. He served in the Royal Australian Air Force in Australia and New Guinea during World War II, and used the Commonwealth Reconstruction Training Scheme to commence study for his law degree.[2] Legal career[edit] King was admitted to practice as a barrister and solicitor in December 1950, and appointed Queen's Counsel in 1967.[2] Political career[edit] King was an Australian Labor Party member of the South Australian House of Assembly from 1970 to 1975, representing the eastern suburbs electoral district of Coles
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Special
Special
Special
or specials may refer to:Contents1 Music 2 Film and television 3 Other uses 4 See alsoMusic[edit] Special
Special
(album), a 1992
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Misrepresentation
A concept of English law, a misrepresentation is an untrue or misleading[1] statement of fact made during negotiations by one party to another, the statement then inducing that other party into the contract.[2][3] The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. The common law was amended by the Misrepresentation
Misrepresentation
Act 1967
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Appellant
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law.[1] Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.[2]Contents1 History 2 Appellate procedure 3 Appellate courts 4 See also 5 Notes 6 ReferencesHistory[edit] Appellate courts and other systems of error correction have existed for many millennia
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Guarantor
In finance, a surety, surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. The person or company providing the promise is also known as a "surety" or as a "guarantor". A surety most typically requires a guarantor when the ability of the primary obligor, or principal, to perform its obligations to the obligee (counterparty) under a contract is in question or when there is some public or private interest that requires protection from the consequences of the principal's default or delinquency
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Investment
In general, to invest is to allocate money (or sometimes another resource, such as time) in the expectation of some benefit in the future – for example, investment in durable goods, in real estate by the service industry, in factories for manufacturing, in product development, and in research and development. However, this article focuses specifically on investment in financial assets. In finance, the benefit from investment is called a return. The return may consist of capital gains or investment income, including dividends, interest, rental income etc., or a combination of the two. The projected economic return is the appropriately discounted value of the future returns
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Bank Account
A bank account is a financial account maintained by a bank for a customer. A bank account can be a deposit account, a credit card account, a current account, or any other type of account offered by a financial institution, and represents the funds that a customer has entrusted to the financial institution and from which the customer can make withdrawals. Alternatively, accounts may be loan accounts in which case the customer owes money to the financial institution. The financial transactions which have occurred within a given period of time on a bank account are reported to the customer on a bank statement and the balance of the accounts at any point in time is the financial position of the customer with the institution. The laws of each country specify the manner in which accounts may be opened and operated
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Respondent
A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning. Legal usage[edit] In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder. The two sides in a Senate impeachment trial are called the management and the respondent. In non-legal or informal usage, the term refers to one who refutes or responds to a thesis or an argument
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Damages
In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.[1] The rules for damages can and frequently do vary based on the type of claim which is presented (e.g., breach of contract versus a tort claim) and the jurisdiction. At common law, damages are categorized into compensatory (or actual) damages,[2] and punitive damages.[3] Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are noneconomic damages such as pain and suffering and emotional distress.[4]Contents1 History 2 Proof of damages2.1 Proximate cause 2.2 Expert testimony3 Compensatory damages3.1 Quantum (measure) of damages 3.2 Special
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Statutory Law
Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy).[1] This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.Contents1 Codified law 2 Private law (particular law) 3 See also 4 References 5 External linksCodified law[edit] Main article: Codification (law) The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law
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Liability (financial Accounting)
In financial accounting, a liability is defined as the future sacrifices of economic benefits that the entity is obliged to make to other entities as a result of past transactions or other past events,[1] the settlement of which may result in the transfer or use of assets, provision of services or other yielding of economic benefits in the future. A liability is defined by the following characteristics:Any type of borrowing from persons or banks for improving a business or personal income that is payable during short or long time; A duty or responsibility to others that entails settlement by future transfer or use of assets, provision of services, or other transaction yielding an economic benefit, at a specified or determinable date, on occurrence of a specified event, or on demand; A duty or responsibility that obligates the entity to another, leaving it little or no discretion to avoid settlement; and, A transaction or event obligating the entity that has already occurred<
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Sam Jacobs (judge)
Justice Samuel Joshua Jacobs AO QC (1920–2011) was a highly respected lawyer and judge. Compulsorily retired at age 70 in 1990, he was recalled and appointed as Royal Commissioner into the inquiry into the State Bank of South Australia debt crisis.[1] Jacobs was born 6 December 1920 in the Adelaide suburb of Glenelg, the son of Sir Roland Jacobs. He was educated at Scotch College, Adelaide (1929–1938) and the University of Adelaide where he obtained his law degree in 1948 – his studies were interrupted by World War II.[2] He entered private practice after graduation.[1] He became a member of the Council of Law Society in 1957, a Queens Council in 1965 and was President of the Law Society of SA from 1970 to 1972
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Mortgage
A mortgage loan, or simply mortgage, is used either by purchasers of real property to raise funds to buy real estate, or alternatively by existing property owners to raise funds for any purpose, while putting a lien on the property being mortgaged. The loan is "secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property ("foreclosure" or "repossession") to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms
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Commonwealth Law Reports
The Commonwealth Law Reports
Commonwealth Law Reports
(CLR) (ISSN 0069-7133) are the authorised reports of decisions of the High Court of Australia.[1] The Commonwealth Law Reports
Commonwealth Law Reports
are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016.[2] Each reported judgment includes a headnote written by an expert reporter which, as an authorised report, has been approved by the High Court. The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited. The Reports are available in PDF format from Westlaw AU.[3] Citation[edit] For lawyers, the Commonwealth Law Reports
Commonwealth Law Reports
are the preferred source for decisions of the High Court of Australia
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