Assignment on Contract Law (Doc)
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Added on 2020-11-23
Assignment on Contract Law (Doc)
Added on 2020-11-23
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Assessment 1 - LAW IN Contract
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1CASE 1............................................................................................................................................1Issue.............................................................................................................................................1Rule..............................................................................................................................................2Application..................................................................................................................................2Conclusion for the case 1.............................................................................................................3CASE 2............................................................................................................................................3Issue:............................................................................................................................................3Rules:...........................................................................................................................................3Application:.................................................................................................................................4Conclusion for the case 2:............................................................................................................5CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................6
INTRODUCTIONA contract is that legal binding or set of promise between 2 people which is enforceableby law and if it is violated that this will be injuring one or the other party. This will berecognising and governing the right and duties that is incurring after the agreement between 2parties (Eldridge, 2018). There are certain elements which are considered while coming into anyagreement or contract like offer, acceptance, consideration, mutual obligation, competency,capacity and written instrument. In this particular assignment there will be discussion about 2 different contract andadvising Jane about her legal rights against Eric and Grace through the process of IRAC. CASE 1As per the case it could be explained that Jane when she comes to known about sale inGardening Gadgets which is retail franchise about discount of new equipment like that of ride onmover, chainsaw and trailer she decided to buy them on discounted price. However when Janego to the store she found out that sale is over but then also argue with the store manager Eric andinsisting him to buy all goods. Then Eric decided that if she buy 2 of the items then he wouldgive her the 3rd one for free but this sale will only be done till Thursday night. After checking heroverdraft Jane found out that she is having that much amount that would make her buy all 3 newequipment so she decided to buy it. Then on Wednesday night she e-mailed Eric for acceptingthe offer to buy trailer, mover and chainsaw for $8000 but certainly Eric did not read this email.So certainly the offer which Jane made to Eric was not accepted by him.IssueIn the contract between any 2 parties there are 6 elements among which 2 of them arevery much important including offer and acceptance. An offer is that expression by one partywho shows the willingness of entering into the contract with specified terms and conditions.Thus for this offer proposal will be sent to other party who will be deciding whether to accept theoffer or reject it. The offer is only valid at point when the other party is showing some interestinto it and accepting it as it is invited to him which will be then termed to as agreement betweenboth of them. In one of the case of Brambles Holding Ltd. v Bathurst City Council it was noticedthat offer must be converted into that form that for consideration it is giving offeree anyopportunity in choosing between acceptance and rejection (Smith, 2016). So in case of Jane thereis clear offer but as Eric did not read the e-mail and not even replied to it so there was no1
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