Shows
Riverside Radio HealthCastOur Priority is Guiding You Through Addiction TreatmentJoin Cathryn Nolan, Assistant Vice President of Managed Care and Clinical Services, to discuss addiction treatment.
2024-05-2800 min
Berkeley TalksOppenheimer's Berkeley yearsIn Berkeley Talks episode 177, a panel of scholars discusses theoretical physicist J. Robert Oppenheimer and how his years at UC Berkeley shaped him, and how he shaped the university.Oppenheimer, the subject of Christopher Nolan’s summer 2023 film Oppenheimer, came to Berkeley in 1929 as an assistant professor and over the next dozen years established one of the greatest schools of theoretical physics. He went on to direct the Manhattan Project’s Los Alamos Laboratory during World War II, during which the first nuclear weapons were developed. He’s often referred to as “the father of the atomic bomb.”...
2023-08-171h 27
Fundamentals of Australian Contract lawWeek 9 Express Terms Livestream Class recording Part 3 of 3Alphafarm v Toll
Parole Evidence Rule
2020-05-0559 minFundamentals of Australian Contract lawWeek 9 Express Terms Livestream Class recording Part 2 of 3White antsSecond hand carsDrycleaningCarparksPossum & Millie
2020-05-0556 minFundamentals of Australian Contract lawWeek 9 Express Terms Livestream class recording Part 1 of 3Intro / revisionA discussion about consensus / Fitness First v Chong and the Rule in L'Strange v GraucobWhy is it important to identify terms?Discussion about equitable remediesLuna Park v TramwaysJJ SavageAnd more
2020-05-0559 minFundamentals of Australian Contract lawWeek 8 Drop in TutorialWe covered a range of things - these tutorials are driven by your questions:
citations/referencing in the exam;why does consideration move from the promissee?If Elliot, who is 4, entered into a contract with me to purchase a race track, and I didn't hand over the race track, could he sue me?how do the past consideration and part payment of a debt 'rules' fit together?
And that's just what I remember this morning.
2020-05-0457 min
Fundamentals of Australian Contract lawResearch for JD studentsBrought to you by the RMITLSS, facilitated by Cathryn Nolan with special guest Anastasia Stepanovic, Legal Research and Training Librarian Maddocks and President of the Victorian Chapter of the Australian Law Librarian's Association.
To access the 'annotated agenda' - including links to the websites and library databases discussed, see: https://share.mindmanager.com/#publish/cY0KpJE0AmIf6P6GzgeoFDz0pam3NYN4ZKnpys8U
Note: you will need RMIT credentials to access all areas.
2020-04-291h 222020-04-281h 25Fundamentals of Australian Contract lawTopic 8.1 FormalitiesAs we now have to record classes in Collaborate Ultra there is less ability to edit / cut up lectures easily (and less motivation to be frank). Version with video are available in Canvas.
2020-04-281h 17Fundamentals of Australian Contract lawDrop in tutorial - Assignment 2 feedforwardWe are now required to record in collaborate ultra rather than Zoom. This means I have less ability (and inclination!) to edit the recordings. You will find the video and slidepack in Canvas.
2020-04-203h 14
Fundamentals of Australian Contract lawTopic 6 Intention - Commercial ContractsMore from the time capsule...
00:00 - Introduction
00:35 - Commercial Transactions
01:53 - Agreements to agree are never binding
05:12 - Commercial Transactions – Honour Clauses Textbook: 5.20
08:34 - Commercial Transactions
17:00 - Letters of Comfort :
19:20 - Banque Brussels v Australian National Industries Ltd
25:44 - Contrasting Results
27:42 - Kleinwort Benson Ltd v Malaysian Mining Corp Bhd (1989) CA, UK
32:58 - Preliminary Agreements
39:10 - Three Categories in Masters v Cameron (textbook [5.70])
43:03 - Preliminary Agreements
43:56 - Recent Cases - Pavlovic v Universal Music...
2020-04-0750 minFundamentals of Australian Contract lawTopic 6.1 IntentionUnfortunately we had all sorts of trouble with the livestream class - thank you to those who were there and so patient and undertstanding - so this is a recording of last semester's class on the same topic.
00:00 - Introduction
00:23 - Week six – Semester two
02:45 - What do we cover in this topic?
02:48 - Overview: Intention to create legal relations
06:45 - Intention
09:33 - Objective Test: Did the parties manifest an intention to create legal relations?
12:19 - Lord Denning MR: Merritt v Merritt
12:39 - Wh...
2020-04-0721 min
Fundamentals of Australian Contract lawWeek 5 Drop in TutorialMainly we discussed the assignment - word count, referencing, finding cases, structure.... and cats.
2020-04-0650 min
2020-03-3118 min
Fundamentals of Australian Contract lawPart 3 Ace Cubbies v Timbertop NurseriesYou can find the problem and a quiz with the questions in Canvas
2020-03-3134 min
Fundamentals of Australian Contract lawTopic 5 ActivityNot sure how this one will translate to Audio Only! This is a recording of a class activity - with a number of hiccoughs along the way due to the livestream nature of the class!
2020-03-311h 00
Fundamentals of Australian Contract lawTopic 5 Part 1 Livestream Lecture RecordingTable of Contents:
00:00 - Introduction
00:48 - Quiz / problems… I’m making a change
04:30 - Consideration
05:59 - Learning objectives
07:33 - Past Consideration
08:34 - Past Consideration Rule
10:00 - Roscorla v Thomas
11:53 - Exceptions: Lampleigh v Braithwait
14:21 - Exceptions: Ipex Software Services Pty Ltd v Hosking
16:26 - Existing Legal Duty Rule
16:48 - Let’s start with the rule: Existing Legal Duty
21:00 - Performance of a Public Duty
21:36 - Glasbrook Bros Ltd v Glamorgan County...
2020-03-311h 05
2020-03-2311 min
Fundamentals of Australian Contract lawTopic 4 Part 4 Why is Consideration Required? Key critismsDiscussion includes Kirby J's reasons for the requirement of consideration as discussed in Woolworths v Kelly
2020-03-2314 min
Fundamentals of Australian Contract lawTopic 4 Part 3 Key CasesIn this part of the class recording we discuss AWM and Beaton v McDivitt
2020-03-2313 min
2020-03-2308 min
2020-03-2306 min
2020-03-231h 03
Fundamentals of Australian Contract lawDrop in Tutorial #2Thanks to those who attended. Unfortunately the sound quality is not excellent - a problem of bandwith in these crazy times!
We discussed a whole lot of things, including:
the assignmentciting casesthinking about researchagreement / consensusand other stuff
2020-03-2352 min
Fundamentals of Australian Contract lawTopic 3 Part 9 Wrapping up AcceptanceBrinkibon v Stahag Stahl
Some key take aways
Some end of class Q&A
2020-03-1714 min
Fundamentals of Australian Contract lawTopic 3 Part 8 The Postal Acceptance Rule / Acceptance by email
2020-03-1710 min
Fundamentals of Australian Contract lawTopic 3 Part 7 Conduct constituting acceptanceIn this one I provide a brief outline of Machon Paull v Empirnall Holdings - we mention Felthouse v Bindley as well, but for more information about that one go back to the Topic 3 pre class quiz where I discuss it in more detail.
2020-03-1703 min
Fundamentals of Australian Contract lawTopic 3 Part 6 Communicating AcceptanceWhat in practice does it look like to communicate acceptance?
In this brief excerpt of the class we look at Latec Finance v Knight
2020-03-1709 min
Fundamentals of Australian Contract lawTopic 3 Part 5 Unilateral Contracts and AcceptanceHow is a unilateral offer accepted? Does the offeree need to be aware of the offer in order to accept it. We look at R v Clarke in this short case overview.
2020-03-1705 min
Fundamentals of Australian Contract lawTopic 3 Part 4 Fitness First v ChongA brief case note - the principle is known as the Rule in L'Strange v Graucob - which we will come back to much later in the semester. The case is important to understand the importance of a signed document even when there is no meeting of the minds (consensus ad idem)
2020-03-1709 min
Fundamentals of Australian Contract lawTopic 3 Part 3 Taylor v JohnsonA very brief case study - this case helps us understand the way that the courts apply an objective test to determining whether a person has accepted an offer.
2020-03-1603 min
Fundamentals of Australian Contract lawTopic 3 Part 2 RulesWhat's in this recording
00:00 - What is Acceptance?
05:07 - Acceptance - Formula
05:33 - Some issues that arise:
07:09 - Rules on Acceptance
22:04 - Approaches to Acceptance (objective test)
25:16 - How courts determine whether acceptance has occurred
2020-03-1625 min
Fundamentals of Australian Contract lawTopic 3 Part 1 Agreement - Acceptance & Consensus Pre Class QuizNot sure how this one will work without the pictures, but try playing along at home if you can!
2020-03-1623 min
Fundamentals of Australian Contract lawTopic 2 OptionsTable of Contents:
00:00 - Introduction
09:05 - Lapse of offers
09:25 - Failure of condition
09:41 - Rejection
10:46 - Counter offer
2020-03-1611 min
2020-03-1615 min
Fundamentals of Australian Contract lawTopic 2 - Revisiting MacRobertsons CaseFurther to a question that was asked on Saturdays lecture - expanding on the issues.
2020-03-1605 min
Fundamentals of Australian Contract law14 March 2020 Class Introd - Times for TutorialsExplains the basis on which a time was selected - 7:30pm on Saturdays. Note at the end is supposed to make you feel relaxed about whether you attend or not.
2020-03-1604 min
Fundamentals of Australian Contract lawTopic 2 Part 8 Distinguishing offers from other conductWhat is covered in this podcast?
Distinguishing an offer from other conduct
00:02 - Why do we need to distinguish?
02:34 - Issues arising with invitations
03:23 - Offers versus invitations to treat
03:25 - Fisher v Bell [1961] 1 QB 394 (see Canvas for a link)
03:25 - Offers versus invitations to treat
03:29 - Issues arising with invitations
03:32 - Why do we need to distinguish?
03:34 - Issues arising with invitations
03:35 - Offers versus invitations to treat
03:40 - Fisher v Bell [1961] 1 QB 394 (see Canvas for...
2020-03-1428 min
Fundamentals of Australian Contract lawTopic 2 Part 7 Macrobertson's CaseWhat's in this podcast
Identifying when a contract has been formed in order to determine whether written conditions form part of the offer (and therefore the contract)
00:15 - MacRobertson v Commissioner of State Taxation (WA) (1975) 133 CLR 125
03:12 - MacRobertson v Commissioner of State Tax: Issue
03:18 - Airline (MacRobertson) Arguments
04:37 - Held: Ticket does not record terms of agreement, rather the terms of an offer subsequently accepted by conduct. The lack of any obligation imposed on the airline prevented the ticket from representing an enforceable agreement
07:20 - Distinguishing an...
2020-03-1411 min
Fundamentals of Australian Contract lawTopic 2 Part 6 Australian Woollen MillsAustralian Woollen Mills v Cwth – demonstrates the link between offer, acceptance and consideration
02:59 - Unilateral Offers - Principles
2020-03-1403 min
Fundamentals of Australian Contract lawTopic 2 Part 5 Bilateral v Unilateral AgreementsA brief overview of the differences.
2020-03-1406 min
Fundamentals of Australian Contract lawTopic 2 Part 4 Carlill v Carbolic SmokeballWhat's in this podcast?
00:00 - Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256
02:22 - The (material) facts
03:13 - The advertisement
04:53 - Issues
06:33 - The Defendants Arguments
08:04 - The plaintiff’s arguments
11:12 - Judgement
2020-03-1412 min
Fundamentals of Australian Contract lawTopic 2 Part 3 Gibson v Manchester City CouncilWhat's in this podcast
00:00 - Gibson v Manchester City Council [1979] 1 WLR 294
1:19 - Letter from the council
02:36 - Gibson completed the application
03:04 - The issue
03:40 - Gibson’s arguments
04:11 - What test did the court apply?
05:22 - Let’s look at the council’s letter again
15:02 - Conclusions
15:45 - Was the decision fair?
2020-03-1417 min
Fundamentals of Australian Contract lawTopic 2 Part 2 Why do a deep dive?What's in this podcast?
00:00 - Introduction
00:19 - Contract problem solving
02:57 - To determine whether there is a contract, we need to determine whether all the formation elements are present.
04:00 - Think about..
04:19 - Problem solving:
05:15 - Topic 2 – Agreement: Offer
05:19 - Working through issues of agreement
07:11 - Nature of Agreement
09:54 - In a nutshell….
10:47 - __ So let’s get stuck in: Offer
10:53 - Nature of Offer
20:05 - __ “An offer is the manifestation of willingness to enter into a b...
2020-03-1421 min
Fundamentals of Australian Contract lawTopic 2 Part 1 - Pre Class QuizYou can do this quiz in canvas. We work through the questions and I comment on the answers.
2020-03-1409 min
Fundamentals of Australian Contract lawTopic 1 Part 3 Some important conceptsWhat's in this podcast:
00:00 - Introduction
00:11 - Framework for our approach
01:21 - Defining a contract
02:26 - The noun v the verb
08:55 - Why should promises be enforced?
09:11 - What do you think?
09:11 - Presentation Paused
15:04 - A timeline
19:02 - What is private law?
20:34 - Legal Personality
22:36 - Contract v Tort
23:01 - Contract v Equity
27:56 - Statute & Contract
30:09 - International influences (and a particul
33:47 - Elements of contracts
35:15...
2020-03-1448 min
2020-03-1420 min
Fundamentals of Australian Contract lawTopic 1, Part 1 - IntroductionThe first part of our first face to face lecture - starting with a bit of a tech hiccough, hopefully the worst we'll encounter this semester.
Marked explicit because I've been known to drop the odd rude word and I was a little stressed!
2020-03-1420 min
Fundamentals of Australian Contract lawTutorial 1, Semester 1, 2020This is a recording of our first tutorial for Semester 1, 2020. It's an overview of what to expect in this class and how to prepare. A video recording is also available on Youtube.
Oh, and the word I couldn't think of (at around 40 minutes in!) was "Certainty".... the IRONY!!
(The sound quality was even worse before a very handsome man fixed it for me. It's better now. #BeLikeStephen)
2020-03-0359 min
Book Thingo PodcastAmy Andrews: An issue of interior designGuest: Amy Andrews| Host: Kat Mayo | Audio producer: Rudi Bremer | Recorded: 18/08/2018 Following on from the theme set by Kate's 2018 RWA conference keynote, which we talked about on our previous episode, I chat with Amy Andrews on where she stands on the subject of safe sex in romance fiction. We also spend a bit of time talking about sports romance, and if you're fan of any of the rugby codes, you'll probably yell at me at some point because I very likely got them mixed up. Thanks heaps to divaflip for leaving us a review on iTun...
2019-02-0222 min