australian contract law problem question - Case Study Example

Only on StudentShare

Extract of sample
australian contract law problem question

The offer may be oral, written or implied from conduct. Offers are of two kinds: a specific offer is made to a specific offeree. No one else can accept it. 'If you propose to make a contract with A, then B cannot substitute himself for A without your consent and to your disadvantage, securing to himself all the benefit of the contract': see Pollock, CB, Boulton v Jones (1857)1. A general offer can be accepted by anyone, and usually without prior notification of acceptance: Carlill v Carbolic Smoke ball Co. (1893)2. It was found in Carlil that there was: 'an offer made to all the world'; 'to ripen into a contract with anybody who comes forward and performs the condition'; and that 'as notification of acceptance is required for the benefit of the person who makes the offer, the person who makes the offer may dispense with notice to himself if he thinks it desirable to do so.' In the given situation, Elaine's statement 'I will give that bike to anyone who can fix my neck', was clearly a general offer. However, neither it was shown that Kramer has validly communicated his acceptance to Elaine nor it was shown that the latter has dispensed with the notice of acceptance. Clearly, there was no valid and enforceable contract between Elaine and Kramer considering that there was no agreement between the parties. ...
Download paper


The main issue in the given situation is whether there was a valid and enforceable contract between Elaine and Kramer. In common law, there are three key elements to the creation of a contract: an agreement (consisting of offer and acceptance), a consideration, and an intention to create legal relations.
Author : odubuque

Related Essays

Problem question in contract law
14). The acceptance of an offer results in a valid contract. The offeree makes the acceptance in response to the offer made by the offeror. Acceptance must be unqualified, and unambiguous (Barry, 1992, p. 14). The offer made by the offeror to the offeree has to be accepted by the latter, if a binding contract is to ensue. The offeror has the choice of specifying the manner in which the offeree has communicate acceptance of the offer. This makes it incumbent upon the offeree to communicate acceptance without any deviation (Kelly, et al., 2011, p. 234). As such, in certain contracts, one of the...
10 pages (2510 words) Essay
Australian Contract Law
The issue here is whether or not the Council of Portland is bound by the agreement between Big Oil Ltd and the Victorian Government with respect to the prerogative of Big Oil Ltd to transfer its ownership to another company in which it has at least 40% interest. Under the law, only the parties to a contract have the right to enforce its terms and be conferred a right or be obligated under it.1 This is referred to as the principle of the privity of contracts, which was first established in Australia in the case of Tweedle v Atkinson.2 A strict application of this doctrine in the herein case...
6 pages (1506 words) Research Paper
australian contract law
Such ways of making a contract can be; signing a document, clicking ‘agree’ button on the web as well as making an agreement over the phone. Contract law constitutes any regulations or laws directed inline of enforcing certain promises. The contract law in Australia is mainly regulated by the common law. However, more states are supplementing the common law of contract specifically in connection with the consumer protection (Goldring, 1998). What makes a valid enforceable contract between parties? A contract is considered valid if there is the provision of a written or signed agreement by...
6 pages (1506 words) Essay
Problem Question - Law of Contract
The appeal case will deal with two primary issues; whether the IndyBooks Ltd. adhered to the doctrine of incorporation; and whether an e-mail notification can be taken as form of acceptance of a contract. Doctrine of Incorporation The doctrine of incorporation in English law Contract Law refers to the attaching of terms and conditions to such agreements in a manner that the court acknowledges them as legitimate. For terms to be viewed as incorporated the following three conditions must be met: a) the offerer of the contract must notify the other party of the terms prior to or in the course of...
8 pages (2008 words) Essay
contract law problem scenario
Equity has always sought to protect the weaker of two parties from oppression and from exploitation. In the context of a mortgage, equity will seek to intervene where the mortgage terms are oppressive....
8 pages (2008 words) Case Study
Contract Law assignment question
The offer and acceptance will bring in objective perspective between the parties.1...
6 pages (1506 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!