One way in which a promise is enforceable is the modern law of contract, which arose from the old action of assumpsit and concepts of motive and reliance. There are five essential elements necessary for legally binding contract formation:
Read the full interview here. June 16The Times Breaking Good Public health officials have seen the logic of decriminalising illegal drugs. This is an important step towards putting violent gangs out of business. Would Australian business law ever make sense to jail a chain-smoker for smoking or an alcoholic for touching drink?
On the basis that the answer is no, the Royal Society for Public Health RSPH is urging the government to decriminalise the personal possession and use of all illegal drugs. This is radical advice, but also sound. Ministers should give it serious consideration.
Prosecutions in Britain for small-scale personal cannabis use are already rare. To this extent the new proposals would not do much more than bring the statute book up to date with the status quo in most parts of the country.
But the change the RSPH has in mind would go much further. It would push Britain into a small group of countries that have switched from regarding the use of drugs including heroin, cocaine and ecstasy as a health issue rather than one of criminal justice.
This is not a switch to be taken lightly, nor one the Home Office under present management is likely to take without sustained pressure from elsewhere in government.
Yet the logic behind it and evidence from elsewhere are persuasive. Indeed, the government should be encouraged to think of decriminalisation not as an end in itself but as a first step towards legalising and regulating drugs as it already regulates alcohol and tobacco.
Since possession of even hard drugs in Portugal has meant at most a small fine and, more likely, referral to a treatment programme. It does not earn the user a criminal record. Recreational drug use has not soared, as critics of decriminalisation had feared.
HIV infection rates have fallen and the use of so-called legal highs is, according to a study last year, lower than in any other European country.
From a public health point of view the Portuguese approach is working so well that the question arises why it has tank British officials so long to seek to copy it.
As they note, lower incarceration rates contribute to lower addiction rates since prison exposes inmates to more drugs. Prison also ruptures families, interferes with education and lowers the chances of employment.
Less time inside prison means more hope for drug users trying to rebuild their lives and less crowded prisons. Ministers, however, need to see the bigger picture. It may be politic not to rush discussion of full legalisation but that should still be the ultimate goal.
In the long term it is not tenable to decriminalise possession of a substance while preserving the profit motive of the criminal gangs that supply it.
The example of the Netherlands bears this out. Like Portugal, Dutch authorities have decriminalised most drug use while continuing to pursue dealers and kingpins. As a result even though more users are in treatment and drug abuse among teenagers has fallen, Amsterdam has become a hub of organised crime in which traffickers trade people and guns as well as drugs.
Leaving distribution and supply to criminal cartels ultimately leaves drug-producing states at their mercy, as Mexico and Afghanistan attest. The solution is not to return to the international drug wars of past decades, which proved unwinnable.
It is to move gradually towards legalised supply chains such as those allowed for cannabis in Uruguay and a minority of US states.
The lesson of the drug wars is that a legal drug trade can hardly be worse than an illegal one. The distinction between illegal drugs and legal pursuits such as alcohol, gambling and cigarettes is irrational.
Global drug prohibition evolved and peaked during the 20th century and is now declining.A "corporation" is a separate legal entity created by charter, prescription or legislation. Australian law, like UK law, recognises a kind of corporation called the corporation tranceformingnlp.comr, there are few cases of such corporations, the corporation sole is excluded from the Australian statutory definition of corporation.
Australian business and environment laws. Australian Government and state and territory government legislation exists to protect consumers, the environment and the community, as well as to promote fair trading and competition.
Australian competition law information. 12 November - Federal Court dismisses Obeid appeal against refusal to grant suppression order. Australian Trade Practices Law Reporter, CCH. Bob Baxt, Bob's Best: A Collection of Essays by Bob Baxt (Wolters Kluwer, November ) Maureen Brunt, Economic Essays on Australian and New Zealand Competition Law, Kluwer Law International, The Hague () Donald and Heydon, Trade Practices Law (volumes 1 and 2), (LBC, ) Frances Hanks and Philip Williams (eds), Trade .
Incorporation of terms by course of dealing. Express terms may be incorporated by a course of prior dealings between the parties. This is only possible if parties have had regular dealings with each other over a reasonable period of time prior to the contract in question; where this is the case the latest contractual terms used may be incorporated despite no specific reference to them.
Australian Business Lawyers & Advisors (ABLA) is a proud member of the Australian Business Solutions Group, which offers extensive resources to help businesses in a range of areas, including: international trade, marketing, OHS, HR, recruitment, management consulting and apprenticeship.