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Law Project: Contract Law and Promissory Estoppel

   

Added on  2023-06-18

9 Pages2298 Words280 Views
Law Project

Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Advice Jumping Jack Darcy as to whether he can claim successfully the winner’s prize under
the contract law............................................................................................................................3
Do you think Jack could use the promissory estoppel to try to enforce the promise?................5
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The legal system of the Australia comprises of multiple forms which includes the written
Constitution, statutes, unwritten constitutional conventions and judicially determined system of
common law. The legal traditions as well as institutions are derived substantially from the
English legal system and Australia is the common law jurisdiction and its judicial system has
been originated in common law system of the English law. The constitution of it sets the federal
system of the government and there are different legislatures at national level which have the
power to enact the law which have overriding force on different number of express topics
(Goldberger, 2020). This report will cover a case scenario which deals with the law of contract
and promissory estoppel.
MAIN BODY
Advice Jumping Jack Darcy as to whether he can claim successfully the winner’s prize under the
contract law.
Enforceability
The law of contract mainly encompasses the regulations and laws which are directed
towards the enforcement of many promises. This legislation focuses mainly on common law of
the contract with some of the reference to the relevant legislations. Under the law, there is no
specific procedure or form required for the contract, although, it is considered as a good practice
to record contractual terms in written form as more weightage is given to the party’s intention
which is evidenced in the documentary form. But nevertheless, the Australian law gives
recognition to the oral contracts. The essential elements of the valid contract include the
following-
Agreement: It is the foremost requirement of the valid contract wherein offer and
acceptance must be present. It also involves the meeting of mind of the parties or the
consensus which must be between two or more of the parties. An offer is a willingness of
party wherein it promises to do or abstain from doing something. The acceptance is when
offeree agrees to be mutually bound to terms of contract by way of giving the amount of
consideration or anything of the value such as money in order to seal a deal (Pardolesi,
2017).

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