Briefly explain the meanings and scope of "Public Law" and "Private Law"

Question 1 - a) Briefly explain the meanings and scope of "Public Law" and "Private Law".

b) For each specific branch of Australian law specified below, answer whether it would fall into the head of "Public Law" or "Private Law": trust law; taxation law; tort & negligence law; contract law; and consumer law.

Answer -

a) The relationship among the state or the government and the individuals (including companies) of an economy is known as public law. It can be divided into criminal law, administrative law, and constitutional law. It is also known as statuary law.

The relationship among different individuals is known as private law. It includes law of obligations and various contracts. It is also called 'common law'. It comprises of civil law, competition law, corporations' law, and labour law. The scope - persons, litigation, property and obligation.

b) Trust law - Trust law falls under Private law.

Taxation Law - Taxation law falls under public law.

Tort law - Tort law falls under private law.

Contract law - Contract law falls under private law.

Consumer law -Consumer law falls under private law.

Question 2 - In today's present environment, discuss and analyse why some contracts need to be completely written to be enforceable and why some contracts can only be proven by presenting written evidence of it.

Answer -

According to contract law, contracts can either be express, implied or misleading. Express contracts are the contracts that need to be written and documented on paper. Oral agreements can also form of express contracts. Implied contracts are contracts bound by words or provision that is by custom usage, statue, court or prior dealings.

Certain contracts need to be completely written to be enforceable, one being in contract law, also called to be statue of frauds. This helps in prevention of fraud in the contracts by giving statements and forming agreements in writing. An important reason for written contracts is because of their higher reliability in comparison to the oral contracts. Oral or verbal contracts becomes difficult to enforce as the parties change with time, memory fades away and different parties can have different interpretation of the contract. Contracts related to criminal law, real estate sales, etc should be written. Certain contracts that need to be in writing, or are considered to be void or voidable if they are in oral form are partial performance contacts, sale of land or transfer, family law, marriage, and surety contracts. The parol evidence rule is a doctrine of contract law that prohibits both the parties in a specific written contract to present extrinsic evidence or something that has been modified or altered.Parol evidence simplified means outside evidence is not admissible if there is a written contract. Hence for some contracts it is important to be completely written to be enforceable while there are some contracts where written evidence is needed to prove it.

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