Property Rights are Fundamental to the Common Law System - Assignment Help

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Assignment Task:

Task:

Choose one from the following topics.

1. Property rights are fundamental to the common law system. Are the traditional distinctions the common law has drawn between different typesof property still relevant or appropriate today?

2. What rationale might there have been to limit the Sale of Goods legislation to ‘goods’ in the sense of choses in possession? Should it extend to services? Should it extend to choses in action?

3. Is it meaningful to have distinctions like ‘express actual authority’, ‘implied actual authority’, ‘ostensible authority’ in agency law? To what extent does ‘consent’ really operate as an underpinning principle for agency law? Is there a better (more accurate) underpinning principle?

4. What are the differences between the consumer guarantees under the Australian Consumer Law and the implied terms in the Sale of Goods legislation? Is there a sound basis for those differences?

5. How does the Personal Property Securities Act 2009 (Cth) distinguish between assets subject to a circulating security interest and a non-circulating security interest? Further, how is the position different at common law? What is the policy rationale for granting employees of insolvent entities who have unpaid employee entitlements priority over assets subject to a circulating security interest but not those subject to a non-circulating security interest?

 

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