Yang. So, Ying and Yang cannot enforce Mei's initial offer.
Mei, Ying and Yang were colleagues, and not professional gamblers. The general
presumption is that there was no legal intention involved. However, the presumption can
be rebutted, taking into consideration the seriousness of the consequences. But assessed
objectively, the presumption can't be set aside due to the lack of any written or verbal
contract acceptance of Mei's initial offer.
Finally, Mei refused to share the winnings, although initially she volunteered to "buy
one last ticket on behalf of them all". Courts will not intervene, for a contract didn't exist
at all. It was a verbal contract till four weekly tickets were purchased with the $120 won
from the first ticket. The final instance is an evidence akin to Australian Woollen Mills
Pty Ltd v Commonwealth (1954). Mei's proposal was merely a statement and not an offer
capable of acceptance. This mentioned clearly in:
" what is alleged to be an offer should have been intended to give rise, on the doing of the act to an obligationin the absence of such an intention, actual or imputed, the alleged offer cannot lead to a contract: there is indeed in such a case no true offer." (Graw Stephen, An Introduction to the Contract 5th edition, Lawbook Co. 2005, p. 41)
Ying was tired of her long musical career so on 3 April she offered to sell her piano to
Molly for $3500, saying that she would keep the offer open for ten days. Molly already
had two pianos in her shop and was therefore reluctant to buy it. However, always ready
to try for a bargain, she replied on 6 April with a verbal offer to buy it for $2500. This
was not acceptable to Ying. In the meantime, Molly had...
During 2003 the life of an Aboriginal artist, Albert Namatjira, was celebrated in a number of ways, including an exhibition in the Art Gallery of South Australia of his paintings from the 1930's to 1958. Albert Namatjira had a number of relatives who also produced similar paintings of varying quality. Albert's paintings are more valuable than those of other family members.
Boondok, a dealer in paintings, located a painting of a desert landscape in colour with the name 'Namatjira' written in the bottom corner of the painting. He paid $50 for it. This painting was painted by one of Albert's cousins and was worth approximately $500. Boondok knew this. Albert Namatjira always signed his paintings, 'Albert Namatjira' in the bottom corner of each painting he did.
Boondok placed his landscape painting in his gallery's front window with a price tag of $8,000 on it. Tex, a tourist, saw Boondok's painting on display. Tex said to Boondok, " I have always wanted a genuine Namatjira and here it is. I will buy it." Boondok replied, "It is always nice to buy something that pleases you. Hope you enjoy the painting."
The plaintiff bought a bottle of wine from the defendant.The plaintiff was injured due to the sudden ejection of a hidden stopper when he opened the bottle at his home.