Q Briefly explain the meanings and scope of "Public Law" and "Private Law" Home, - Explain the meanings and scope of Private Law Question 1 - Answer the following questions: 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) Public law is a law that concerns the society. For example various criminal laws that exist to act as a deterrent against crime or that are intended to punish those who perpetrate crime are public laws. Private laws are those that concern relationships between private individuals and entities. For example, contract laws are private laws. They concern the rights and obligations of individual parties to a contract. b) Trust law: Private law Taxation law: Public law Tort law: Private law Contract law: Private law Consumer law: 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 - Statute of Frauds says that some contracts need to be completely written in order to be enforceable. The purpose of statute of frauds is to prevent frauds as some contracts can only be proved by providing written evidence of the contract. Contracts pertaining to purchase and sale of real estate is an example of a contract that needs to be in writing in order to be enforceable. This is because there is no other way that a party can prove that another party has sold its real estate to it. Contracts for sale and purchase of goods above a certain value are also required to be in writing, in most countries. Long term contracts whose terms cannot be completed in a period of one year or less are also required to be in writing. Lease contracts that are for a period of more than one year also have to be in writing. In the present scenario, due to the emergence of internet and online sales, probability of fraud has also increased. Oral contracts will not suffice in transactions where the buyer and the seller never meet. This has further increased the relevance of statute of frauds. Oral contracts are legally enforceable but in a number of cases oral contracts will not be sufficient to prove in the first place whether a contract between two parties existed or not. Related: Explain the meanings and scope of Private Law Why Sunlight terminate the lease Is their company insolvent? Action against the company for unpaid wages
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