Contract Law - I need legal advice.... (1 Viewer)

[Demandred]

Oh yeah about the defamation bit, I had a word to the security guard today, he came by and asked the person whether we insulted him or not, the guy said no. I had a talk to centre management, they said not to worry about. The girl on the legal advice hotline was also giggling over it.

 

[MoonlightSonata]

LOL, demandred, tell him to serve you his statement of claim

However, such legislation can only be enforced through the courts where, if justice were to prevail, bad laws would be vetoed and rejected in fair trials or tribunals.

ummm, no court but the HCA can veto law, and only on the ground of (explicit or implied) unconstitutionality.

That is why the banks have to have dominance over the courts. They do this by firstly controlling the judges and secondly eliminating juries - thereby removing any possibility that the judges may "do right" or that the people may exercise their will.

wtf? when were there ever juries for civil claims?

The judges know this and are concealing this serious offence. This website exposes the incompetence, corruption and treachery in the judiciary.

CONTEMPT OF COURT!!!!!!!!!!!!!!!!! >.<

Magna Carta says, "To no one will we sell, to no one will we deny or delay, Right or Justice.". Unless the banks can be defeated, such noble principles are gone and the people, having no rights, are merely slaves.

actually dear, at present, banking is a Commonwealth power and not a state one. the application of the Magna Carta is limited, in NSW, by the Imperial Acts Application Act 1969. therefore the Magna Carta is not binding on Commonwealth laws.

Tuesday, June 21, 105 ..... 6:52 PM

you got Y2Ked.

The guy is just crazy. Did you see his summons to the governor general for treachery?

http://www.rightsandwrong.com.au/The_Summons.pdf

 

[Frigid]

Frigid's Mock Legal Foundations (UNSW)/Legal Process and History (UTS) Examination:

Common Law is the law of the people, by the people and for the people.

Common Law is made by the people on juries when their judgments become precedents.

Statute Law is made by the other two arms or branches of government, ie: parliamentary and executive.

In Common Law countires [sic], "Common Law doth control Acts of Parliament and when adjudged against common right to be void" (Lord Coke), ie: Common Law overrules Statute Law.

Juries nullify Statute Law.

Parliaments amend and repeal Statute Law - and have no role in making Common Law.

Judges have no role in making either Common Law nor Statute Law.

Critically evaluate Mr Wilson's statements with reference to the material you have studied in this course.

 

[MoonlightSonata]

javascriptl('http://unichat.com.au/');
it bull he cant do that

He can try

...and he continues to try

 

[theone123]

Oh yeah about the defamation bit, I had a word to the security guard today, he came by and asked the person whether we insulted him or not, the guy said no. I had a talk to centre management, they said not to worry about. The girl on the legal advice hotline was also giggling over it.

thats some funny shit...

 

[mr EaZy]

i reckon 'eh!!

my advice is this:
there's a whole truck load of deranged people out there trying to use legal knowlege to gain an upper hand over other people whom they think are ignorant! I mean u get this stuff from TAFE!!

the man who entered your shop was probably playing around - ignore him.
but check this out!:

one of my friends (whose from overseas and understands very little English) was handed a bill one day. He called up the company asking why he got it. and they gave him a reason that he signed something. he then said "well there's nothing there to suggest that i should pay and that what you have done was misleading"

and he left it at that. the guy on the phone was also confused and told him he didnt have to pay!!! even i got confused when i heard that!

i just said

" .....HUH?? ok nice work lol!! "

 

[MoonlightSonata]

i reckon 'eh!!

my advice is this:
there's a whole truck load of deranged people out there trying to use legal knowlege to gain an upper hand over other people whom they think are ignorant! I mean u get this stuff from TAFE!!

the man who entered your shop was probably playing around - ignore him.
but check this out!:

one of my friends (whose from overseas and understands very little English) was handed a bill one day. He called up the company asking why he got it. and they gave him a reason that he signed something. he then said "well there's nothing there to suggest that i should pay and that what you have done was misleading"

and he left it at that. the guy on the phone was also confused and told him he didnt have to pay!!! even i got confused when i heard that!

i just said

" .....HUH?? ok nice work lol!! "

Yes most small businesses without legal advice will generally act to appease the customer in situations where it is a bit uncertain as to their legal position, and particularly when the customer has some legal knowledge

Actually I myself am going through a process of returning a shonky product I purchased. I have already reported the business to the ACCC for misleading and deceptive conduct.

(BUT if you sign something without reading it, you are usually bound by it! So watch out.)

 

[Jonathan A]

Ok, I work at a newsagent, one day, there was a promotion with every newspaper, a woman comes in, buys newspaper, she didn't ask for the promotion and I was forgot to tell her about it. Than a few minutes later, a person claims to be her husband came and said he wanted a promotion, I didn't know whether the paper was bought from here or not, so I asked for a coupon from paper anyway, he didn't have it on with him. He went to the car park, came back with the coupon and I gave the the promotion to him.

He (not the lawyer) sent me a letter, threatening to sue me unless I pay $2500 in damages.

He also said, that a few weeks earlier, he mother (elderly probably, I dont remember) came in, there were a lot of people in line. He acknowledged thats he pushed in, but said we were abusive in notifying her the fact that there is a line and you can't push.

How low people can go. So any pointers? contract law students?

Cheers

Tough one. Obviously there is a contract, but you contacted with the lady, her husband is not the same person. You also have a right to proof, but you also have to realise that if you don't provide that proof then its hard for them. When you contract with someone, they are allowed what we call an agent to enquire, perform and contract, that's covered in equity law. Her husband would have right, but given proof situation, not much could have been done. The lady should have been returned. As for the $2500, not sure how he costed it. You can just make up a sum and expect something. What's more the law is clear if it is a lottery or raffle, then you can't be forced to pay damages in expectation of winning. The guy is a wacko who probably carries, some little quasi-consumer law book in his back pocket looking for trouble, let him sue, not going anywhere. If he does sue he will probably if lucky recieve nominal damages, that is pretty much close to nothing. Those damages are just a token that you broke contract. Generally implied in contract law and the Sale of Goods Act is that when they pay, you hand over the goods. There was a delay, but still in my opinion not a fundamental breach. My goodness, how low can you get?

 

[Jonathan A]

Yep, that's what happened Laz. I don't think I should scan the letter.

I recieved another letter asking for damages for defamation because we simply didn't believe him. He said one of our staff humiliated her mother. I don't believe him. He said we left him humiliated because he thought I didn't believe him when he said his wife came into the store.

How the hell I suppose to know that was his wife? Yes, am I suppose to believe everything people say? That staff has a good 10+ expierience behind her, ever since she moved to our newsagency, she's being attracting a lot of business because everybody likes her. Even if something did happen, are you going to sue simply because someone said told you get back to line in harshly? Fuck I better start litigating against my school teachers.

Sounds like his out for money, I can see numerous spelling and grammar mistakes as well.

You need a third party for defamation. You should send him a letter saying you will sue for deciet and if he keeps sending you letters, file for Nuisance.