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Legal Advice on Issues Faced While Entering into a Contract with Angelo

   

Added on  2021-06-18

8 Pages707 Words483 Views
Australian Commercial LawPART C

IssuesWhile entering into a contract with Angelo, you faced different issues, and as a legal advisor, I’ll provide you information about issues, relevant law and available remedies.The first issue is the validity of the contract between you and Angelo given that he included misleading information in the advertisement.The second issue is whether you can demand damages from Angelo based on a breach of the contract.

Relevant Law (Misrepresentation)An offer bounds offeror into a legal relationship whereas an invitation to treat did not create any legal relationship between parties.Most advertisements are an invitation to treat however some of them are unilateral offer which can be accepted by anyone which resulted in establishment of a legal relationship (Carlill v Carbolic Smoke Ball Co).As per Consumer and Competition Act, parties can be held liable for providing false information in an advertisement.Misrepresentation is defined as false or misleading information to create a legal relationship in which parties can claim for damages (Suff, 2013). The party cannot avoid his liability of misrepresentation in case he/she was in a position to know the fact (Smith v Land and House Property Corp )

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