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QUESTIONS AND ANSWERS
Answer One
    Australian constitution is uniquely based on the division of powers between the commonwealth and the states. Since the time of its foundation, this division of power in regulating legal policies is maintained throughout. However, with this division of power kept intact, there are some special privileges granted to commonwealth and states as well to make sure their legal capacities are well defined. At first, there is the segment of exclusive powers which are different from concu
ent powers in the sense that exclusive powers allow lawmaking for the commonwealth only. There are some issues and areas in which, only commonwealth has the sole authority to deal with. For example, section 90 allows commonwealth to exercise its powers to regulate custom and excise duties over states and states are not allowed to intervene in it. On the other hand, concu
ent powers are distributed among the states and in commonwealth government; both have the right to make laws regarding the issues.
    In other words, concu
ent powers divide the powers of states and commonwealth equally over the matters like ma
iage and divorce or putting trade levies upon the goods through which, states are bound to follow international trade policies. For example concu
ent powers can be found in section 51, making sure that the states have equal scope of exercising their powers along with states in terms of framing laws about trade and commerce either with other states or with other nations. The exercising of residual powers gives absolute authority to states without commonwealth’s intervention in it. For example, by section 51 and 118, states are given some categories through which, they are regulate their state affairs by constitutional powers. These affairs include, trade and commerce, primacy production, wellbeing of the aboriginal people living in the area etc.
Answer Two
    The precise overview of the question opens up legal dimensions of dispute between the buyer and the seller. The buyer in the question is a man who has accepted the offer made by the vending company whose machine is located at the railway station. The contract law has that conceptual framework of ‘offer’ and ‘acceptance of the offer’ under which, the given case can be categorized. The contract between the two parties is initiated when the seller of a product makes offer to the buyer. The buyer, upon being agreed to the terms and conditions given by the seller, makes preliminary negotiation, if possible, or he accepts the offer without any negotiation made. The whole process takes place within the consent area of either buyer or seller. The question reveals that the buyer of the packet of chips enters into the contract because he agrees to the offer that is made by the vending machine. It is the implication of the offer that the authority to operate the vending machine is of XYZ firm. Therefore, the contract is formed between the vending firm and in the buyer. However, a close observation of the events given in the case also states that he quality of the product is compromised which does not fulfill the initial condition of the offer made by the seller. When this offer is made—especially in the context of the automated selling through vending machine—that the buyer will be liable to produce money in order to avail the services of the seller and in exchange of the same, the seller will provide quality product.
    The above state of balance or acceptance of mutually agreed terms and conditions are violated on behalf of the seller; the packet of chips for which, the seller has paid $3.50 does not contain chips but some plastic bits. It is a visible compromise made with the quality of product that the seller has made or rather; the seller has not fulfilled its part to the offer that it has made to the buyer. On legal grounds, seller is liable in the case to provide full...