Assignment about Business Law 2022

RUNNING HEAD: BUSINESS LAW ASSIGNMENT
BUSINESS LAW
ASSIGNMENT

BUSINESS LAW ASSIGNMENT
Contents
Part A.........................................................................................................................................1
Answer 1................................................................................................................................1
Answer 2................................................................................................................................1
Answer 3................................................................................................................................1
Answer 4................................................................................................................................1
Answer 5................................................................................................................................2
Answer 6................................................................................................................................2
Answer 7................................................................................................................................2
Part B..........................................................................................................................................3
1 (a)........................................................................................................................................3
1 (b)........................................................................................................................................4
2 (a)........................................................................................................................................5
2 (b)........................................................................................................................................6
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BUSINESS LAW ASSIGNMENT
Part A
Answer 1
The case of Ford & Anor v La Forrest (2001) QSC 261 was heard at Supreme Court
at Brisbane. Supreme Court stands at the top level in hierarchy. All appeals from the High
Court are presented before the Supreme Court. The decisions of Supreme Court have binding
effect on lower court. The Supreme Court is the highest tribunal in many legal jurisdictions
within the tribunal hierarchy. Other names for such proceedings include last resort tribunal,
apex court, and high (or ultimate) court of appeal. No other tribunal is subject to further
scrutiny of a supreme court's decisions.
Answer 2
It was a civil case based on the term offer, acceptance, significance of acceptance
through mail and binding effect of contract under common laws of Australia. In this case, the
plaintiff sued defendant for damages. In the given case, the onus of proof was on the
plaintiffs that is John Ford and Cornard International Hotels Corporation.
Answer 3
The main issue in the present case was whether the claimant and respondents achieved a
binding compromise agreement in the course of that correspondence under which the
contractor decided to discontinue the request. The applicant raised various issues in the
present case, which are as follows:
 It was not intended that the conditions of the contract would have binding effect.
 The solicitor's behavior was abusive and intimidating, and proof of persistence, undue
influence, and unconscionability was present.
 Acceptance by email cannot create contractual relationship.
 The conditions of discharge are unsatisfactory.
 The phrases used in the applicants email are insufficient to accept the offer
unequivocally.
Thus, the applicant raised abovementioned issues.
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BUSINESS LAW ASSIGNMENT
Answer 4
In general, there are various essential elements in the formation of valid contract
(Clark, Griggs, Cho, & Hoyle, 2013). A contract is said to be valid under common laws when
it has offer acceptance, consideration, intention of parties to enter into contract and capacity
to contract (Davis, 2012). These elements make a contract valid. In the case of Ford & Anor v
La Forrest the main elements of contract were involved, these are offer acceptance, whether
intention of the parties were as such to bound them into a valid contract, repudiation of
contract, whether parties while entering into compromise agreement had the intention to bind
themselves into such agreement and that the whether the words and terms used amounted to
unequivocal acceptance to offer. In this case, an offer was made by the applicant to settle the
dispute between the parties and time period was given by the applicant to accept the offer.
Before seven days, the defendants made a similar offer of settlement to the applicant, which
also contained the time period. In between the applicant made a counter offer stating the
amount to settle the dispute, which was rejected by the defendants. The applicant send the
same offer to the crown solicitor stating that it was on once only basis offer. The then crown
solicitor rejected the offer. The applicant then responded to the offer of defendants through
email and gave her acceptance to the offer. The defendants sent the applicant an
acknowledgment of her acceptance. Thus, the court dealt with these essential elements of
contract in this case.
Answer 5
In the given case study, the judges considered the case of Masters v Cameron (1954)
91 CLR 353. In the case of Masters v Cameron, it was held by the court that there was a
binding contract between the parties. In this case, an agreement was made to sell a farming
property on certain conditions and a payment was made to agent of vendor. However, when
the purchaser refused to proceed with the agreements then it lead to dispute between both the
parties. The court held that there was an intention of parties to legally bind into contract thus
it was a valid contract. Similarly, in the given case study when the applicant offered to settle
the dispute and later gave counter offer, which was accepted by the parties the court held that
there were intention of the parties to enter into contract and it was valid contract.
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