Australian Business Law Question Answer 2022

Running head: BUSINESS LAW
BUSINESS LAW
Name of the Student
Name of the University
Author Note

BUSINESS LAW1
Question 1
The primary issue in the given scenario is whether a binding and an obligatory contract
has been established between the shop and Graham.
The case of R v Clarke [1927] HCA 47 shall be considered to be a relevant case in
connection to the provided situation. In this case, it was stated that the presence or actuality
regarding an agreement in relation to the parties is customarily analyzed and evaluated with the
help of the rules relating to offer and its acceptance. An offer should be made by a particular
party and that offer should be reciprocated with a clear acceptance.
In the case of Australian Woollen Mills Pty Ltd v The Commonwealth [1954] HCA 20, it
was stated that a particular promise may be implemented as contract only when such promise is
reinforced by a consideration.
The case of Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235 is an
important case in this regard. In this case, it was said that a particular party forming a contract
should create the intention for establishing legal relation.
In the case of Whitlock v Brew [1968] HCA 71, it was said that in order to form a contract
the agreement should be certain and complete in an adequate manner and the obligations and
rights of the parties may be recognized and implemented.
The case of R v Clarke [1927] HCA 47 shall be applied in connection to the provided
situation. Hence, it may be said that in the given scenario, an offer has been made by the shop
and that offer has been reciprocated with a clear acceptance by Graham.

BUSINESS LAW2
Applying the case of Australian Woollen Mills Pty Ltd v The Commonwealth [1954]
HCA 20 in the given scenario, it may be stated that a promise has been made by the shop to
deliver the antique table to Graham at his home, for which Graham has agreed to pay an amount
of 5000 dollars. Therefore, this contract may be implemented as it has been reinforced by a
consideration.
Applying the case of Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235 in
the given scenario, it must be demonstrated that Graham has the intention for establishing legal
relation in order to from the contract.
Applying the case of Whitlock v Brew [1968] HCA 71 in the given scenario, it may be
said that the agreement between the shop and graham is certain and complete in an adequate
manner and hence a contract may be formed between them. Even the obligations and rights of
the parties may be recognized and implemented.
To conclude, it may be said that a binding and an obligatory contract has been established
between the shop and Graham.
Question 2
The issue in the provided scenario is whether the agreement between Andrew and Susan
is enforceable or not.
The case of Merritt v Merritt [1970] EWCA Civ 6 shall be considered to be a significant
case in relation to the provided situation. In this case, the husband left the wife and it was
decided between them that arrangements must be made in relation to the future. It was agreed by
the husband to make payment of forty pounds each month for the purposes of maintenance. From
that amount the mortgage would be paid by the wife. It was agreed by the husband that when the