BULAW 1502 Fundamentals of Australian Law
Added on 2020-05-11
8 Pages1737 Words88 Views
Running head: FUNDAMENTALS OF LAW Fundamentals of lawName of the StudentName of the UniversityAuthor Note
1FUNDAMENTALS OF LAWQuestion 1Issue 1The issue which has to be determined in relation to the given scenario is that whether a claim fora breach of contract can be brought by Ian against Ben. This would be done through analyzingwhether a contract has been formed between Ian and Ben or not. Rules A contract only comes to an existence when the elements offer and acceptance are addressedappropriately in accordance to the legal provisions associated with them. An offer is an expression made by a person to another so that the other person may willinglyaccept its terms. An offer is differentiated from an invitation to deal (having no legalsignificance) based on the completeness of the expression. As provided in the case of AGC (Advances) Ltd v McWhirter (1977) 1 BLR 9454 an offer iscomplete when it consists of elements like nature of services to be provided, time and date ofservices, price to be paid and a time period till which an offer can be accepted. In addition in thecase of Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 it wasruled by the court that if a reasonable person is induced by wordings of the expression to enterthe agreement it would be a complete offer. An offer comes to an end through the process of revocation. One of the forms of revocation of anoffer is through its rejection. In the case of Byrne v Van Tienhoven (1880) LR 5 CPD 344 itwas ruled by the court that as soon as the offer is rejected impliedly or expressly it comes to anend.
2FUNDAMENTALS OF LAWAccording to the rules of postal rule stated in Adams v Lindsell (1818) 1 B & Ald 681 as soonas the letter is posted it constitutes an acceptance. Similar provisions are applicable in relation toan email as provided in the case of Thomas & anr v BPE Solicitors [2010] EWHC 306ApplicationIn the given situation a valid offer had been made by Ben to Ian which had to be accepted before1st may. The offer was in relation to giving a speech for an event. This was a complete offer as areasonable person would be induced to get into the contract through its words as it containedprice, date and nature of services to be provided and thus was a complete offer in nature. However Ian notified Ben that he is likely to be unavailable for the event as he was hoping to beselected to give speech in another event on the same date. This expression of Ian expresslyaccounts to the rejection of the offer which means that it has been revoked and has come to anend according to the rules of revocation as discussed above. It had been provided by Ian that he may notify Ben in case there was a change in thecircumstances. The notification had been made through an email by Ian. However suchnotification would have been a new offer made by Ian as the original offer has already ceased toexists. Ian had made an email which stated that he wants to accept the offer and provide the speech ashe was not selected for the event. However the email was not read by Ben as it was transferred tothe spam folder of the email. Although the email accounts to a valid acceptance through thepostal rule according to which the acceptance was valid as soon as the email had been made byIan, as the offer has already elapsed it cannot be accepted by Ian any longer.
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Commercial Law Assignment: Breach of Contractlg...
|10
|1977
|34
Law | Question Answer Assignmentlg...
|7
|1533
|198
[pdf] Business Laws Assignmentlg...
|14
|3586
|39
Understanding Business Law: Contract Formation, Enforceability, and Legal Implicationslg...
|10
|1988
|388
Law of Contract: Validity and Enforceabilitylg...
|7
|1675
|299
Understanding Enforceable Contracts and Damages in Business Lawlg...
|11
|1856
|417