1.

Exclusive powers

The specific set of laws is given to the parliament of commonwealth. The powers or laws
which are made by commonwealth are known as exclusive powers. These laws can’t be
made by State or any other power head. The matters identifying with any division of public
service the control of which is by this Constitution transmit to the Executive Government of
the Commonwealth; ( adobePDF 1) Only the parliament can made laws on defense,
foreign policy, copyright, citizenship, national census etc. It is a part of specific powers but
they are treated differently because sate can’t interfere in decision making of law.

https://peo.gov.au/understand-our-parliament/how-parliament-works/three-levels-of-
government/three-levels-of-government-governing-australia/

Concurrent powers

Many of laws making power are non exclusive and can be shared with state. The power
which is shared by both parliament of commonwealth and state is a concurrent powers.
They both have authority to legislative law with together. (Parliament, 2019)

Those laws are under education, environment, health, marriage and divorce, overseas
trade, tax etc. They both have power and eligible to make laws under these areas.

https://peo.gov.au/understand-our-parliament/how-parliament-works/three-levels-of-
government/three-levels-of-government-governing-australia/

But there is a law under section S.109 if there is any inconsistency between parliament
and state then the parliament law is always accepted not the state law. (Parliament, 2019)

Residual Powers

The law making power which is done by state only is known as residual powers. In this
powers only the sate can make law no other bodies can interfere because they diffident
state make different law for their own state. Under this power the laws are criminal laws,
health laws, education and schools, local government, emergency services like
ambulance, fire police etc .(PDF adobe 2)
 2.

Yes, both Me and vending machine from “property of XYZ Vend solutions Pty Ltd”enter the
contract. I see the vending machine which was displaying in train station. There are the
rules to make a contract,

 The offer should be made by one party

The vending machine was offering the packet of chips to anyone. It’s a free offer where I
accept the offer and want to get a packet of chips.

 Someone should accept the offer

Seeing all condition of vending machine I wanted to get chips so I insert coin at the same
time I accept offer.

There should be intention to create legal relationship

There a legal relationship I pay the price of $3.5 they give me chips that’s the relationship
between us.

So, this a formation of contract when I insert coin to buy chips even if after that there was
plastic inside it.

(https://www.ruleoflaw.org.au/wp-content/uploads/2019/04/2019-03-21-Contract-Law-
Final-Resource.pdf)

According to law, offer is one who gives agreement to someone in written or verbal in
promise to do something and if any one accepts the offer the contract is made between
them.

(https://s3.studentvip.com.au/notes/12708-sample.pdf)

Similarly in this case the vending machine provider is an offer who was offering the chips
and other thing in machine and I accept the offer to buy a chips while paying the price. So
eventually, the contract is made between “Property of XYZ Vend solutions Pty Ltd” and
me.

3.
Contracts are valid only when both associates have capability to contract. Some group of
people lack this capability due to which contracts are not imposed against them (Clarke,
2020). Infants also fall under that category.Infants refers to those who are underage
according to law. They are considered minor till they are 18 0r older (Hg.org, 2020).

The common law rules regarding contracts for minors is that contracts are voidable. There
are two conditions on which contracts cannot be voided. Contracts are not voidable when
contract is essential to maintain lifestyle of minor as mentioned in Goods Act 7 in Victoria
(Clarke, 2020).Employment contract benefits infants so it can be avoided when infant turns
into adult. Infants lack decision making capacity so the right to void contract is given to
infants, not to the contracting party.

Contracts are voidable by infants in two manners. Contracts that can be void are contracts
for money borrowed, costs of good other than requirements and accounts stated under
The Supreme Court Act (s 49)Contract is voidable when lawsuit is filed by infants in court
to void the contract. The other way in which contract is voided when infants are sued, they
agree that they lack decision making capacity as their defense. However, minors are not
given choices of conditions of contract. Moreover, minors might have to pay for the goods
obtained. But courts have fragmented views whether infants may have to do payment for
repair or the loss of value of goods (Hg.org, 2020).

 Australiancontractlaw.com. 2020. Australian Contract Law | Julie Clarke. Available

athttps://www.australiancontractlaw.com/law/formation-capacity.html#minors

Hg.org. 2020. [online] Available at: <https://www.hg.org/legal-articles/can-a-minor-enter-

into-a-contract-34024> [Accessed 27 May 2020].

4.
According to contra proferentem rule, the party which presents or constructs vague clause
in contract are legally liable when contract is challenged in court (Investopedia, 2020).
Drafting a contract is a complex process and bothparties try to make contract in their
interests by making contract unclear and vague. Contra proferentem rule makes party
which includes ambiguous clause in contract legally responsible. It is unfair to include such
vague ideas which favors their own interests and are legally penalized.

Courts goes through step by step process while using contra proferentem rule
(Investopedia, 2020). In the first step, the language of contract is assessed whether
section in contract is unclear. If the clause is vague, the court will try to verify intentions of
the party to include clause while contract was made. If it is evident presenting party had no
intentions to make contract vague, the contract is functional based on proof. But if there is
proof that introduced clause is ambiguous then contra proferentem rule is applied. The
court gives decision favoring the innocent party and against party that introduced clause.

In today’s business environment, contracts are drafted very carefully and after long
consideration. Contracts are drafted and errors are fixed before entering contract. There
is minimal chance of errors in contract these days. So, contra proferentem rule has been
less applicable. However, there can be disputes in contracts between parties, which can
be addressed by court using contra proferentem rule (Leib and Thei). This rule can be
helpful in resolving conflicts between contracting parties.

Investopedia. 2020. Understanding The Contra Proferentem Rule. [online] Available at:

<https://www.investopedia.com/terms/c/contra-proferentem-rule.asp> [Accessed 27 May
2020].

Leib, E.J. and Thel, S., 2014. Contra Proferentem and the Role of the Jury in Contract
Interpretation. Temp. L. Rev., 87, p.773.

5.
Amina has breached contract as she failed to employ Bryan as delivery man as per the
contract. Employees lay off the contract for business reasons and size of organization are
reduced. Employees are laid off not because they are incompetent. They are laid off
because business is not doing too well.

He can sue Amina if he had to work in same organization although he was offered a new
job. if offer was rejected despite job offer the person can be sued.

It is a breach of contract when any parties do not fulfill their side of contract before due
date. Such breach requires remedies for other party. Employer can terminate contract
when the employee is failed to fulfill his responsibility according to contract. When contract
is breached by employer, they are entitled to compensate.

Employees can raise concern when they are laid off.According to labour welfare law,
employees can raise issue against owners for valid reasons.Lay off has nothing to do with
the performance of the staffs. However, economic situations are unpredictable and can
happen suddenly (Balance careers, 2020). Large organization often lay off their
employees to manage personnel which creates negative image (Rust and McKinley,
2005).

For instance; due to global pandemic of covid-19 employers are unable to pay salaries as
per agreement. Many people have even lost their job. In such circumstances, employer
cannot be held responsible.

The Balance Careers. 2020. The Difference Between Getting Fired And Getting Laid Off.
[online] Available at: <https://www.thebalancecareers.com/difference-between-getting-
fired-and-getting-laid-off-2060743#getting-fired-vs-laid-off> [Accessed 27 May 2020].

 Ilo.org. 2020. National Labour Law Profile: Australia. [online] Available at:

<https://www.ilo.org/ifpdial/information-resources/national-labour-law-
profiles/WCMS_158892/lang--en/index.htm> [Accessed 27 May 2020].

Rust, K.G. and McKinley, W., 2005. Perceived breach of contract for one's own layoff vs.
someone else's layoff: Personal pink slips hurt more. Journal of Leadership &
Organizational Studies, 11(3), pp.72-83.
Parliament, 2019. Federation And Federalism. 5th ed. [ebook] Western Australia:
Parliament of Western Australia, p.1. Available at:
<https://www.parliament.wa.gov.au/WebCMS/webcms.nsf/resources/file-43-federation-
and-federalism-/$file/Sheet%2043%20-%20Federation%20and%20Federalism.pdf>
[Accessed 27 May 2020].

2012. AUSTRALIA’S CONSTITUTION. 3rd ed. [ebook] Canberra: Parliamentary

Education Office and Australian Government Solicitor, p.14. Available at: <http://Australian
Government Solicitor> [Accessed 27 May 2020].