logo

BLO1105 Business law question & answer

12 Pages2310 Words154 Views
   

VICTORIA UNIVERSITY

   

BLO1105 Business Law (BLO1105)

   

Added on  2019-10-30

BLO1105 Business law question & answer

   

VICTORIA UNIVERSITY

   

BLO1105 Business Law (BLO1105)

   Added on 2019-10-30

ShareRelated Documents
Running Head: Law 1Law
BLO1105 Business law question & answer_1
Law2Answer 1Part AIssue:Whether any contract exists between the Mary and Lianne?Law:The most important element of valid contract is agreement, and agreement includes offer and acceptance. It also involves meeting of minds and intention to create legal relations. Offer: for the purpose of constituting the offer there is no particular form, and offer is consideredas communication between the two parties under which one party promise to do something or not do something if other party do something or not do something. It must be noted that offer canbe made to the world at large. This can be understood through case law Carlill v Carbolic Smoke Ball Co, Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 11. In this case, court stated that offer can be made to the world at large2. Offer can be terminated any time before the acceptance, but after acceptance it is not possible to revoke the offer. 1 Carlill v Carbolic Smoke Ball Co, Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1. 2 ACL, Agreement, < https://www.australiancontractlaw.com/law/formation-agreement.html>, accessed on 19thSeptember 2017.
BLO1105 Business law question & answer_2
Law3Acceptance- on the other hand acceptance is considered as unequivocal statement from which offeree agreeing to the offer. In case contract is formed through E-mails then also basic contractual requirements for making valid offer is offer and acceptance. It is necessary that sufficient grounds are present to believe the Court that parties at the time of formation of contractintent to create legal relations between them. In case of acceptance through E-mail, rule of Electronic Transactions Act 1999 applied. Section 14 of the Act states time of receipt is considered that time when E-mail actually enters in the information system of offeror. In other words, acceptance is considered at that time when mail actually enters in the mailbox of offeror. Therefore, question related to time of receipt is answered as the time of receipt in offeror’s mailbox3. Application:In the present case, contract exist between the parties because as per section 14 of the Electronic Transactions Act 1999, time of receipt of E-mail is considered as that time when E-mail enters inthe mailbox of offeror. However, it is necessary to constitute valid contract through E-mail that both offer and acceptance must be present. This can be understood through case law Stellard PtyLtd & Anor v North Queensland Fuel Pty Ltd4. In this case, Court stated that binding contract related to sale of land entered through E-mail exists between the parties of the contract. Contract in this case includes precise wording related to acceptance E-mail which state that offer was related to the contract. 3 Electronic Transactions Act 1999- Section 14. 4 Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 (14/11998) Martin J 15 May 2015.
BLO1105 Business law question & answer_3
Law4In this case, both offer and acceptance is present. In this E-mail related to acceptance of offer send by Lianne enters in the mailbox of Mary but she read it five hours later. E-mail send by Lianne related to cancellation of deal is send after 30 minutes of acceptance E-mail. It is not possible to cancel the contract after accepting it. Conclusion:Contract exists between both Mary and Lianne. Part BIssue:Whether Lianne has any rights under the relevant legislation in case Mary breach the terms of thecontract?Law:Australian Consumer Law provides various guarantees to the consumer for the purpose of ensuring safety and fair dealings with the consumer. If any person supplies any goods and
BLO1105 Business law question & answer_4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Law Assignment Valid Contract
|10
|2401
|49

Law Case Study regarding Elements of Contracts
|14
|2956
|2140

BLO1105 Business Law || Assignment
|13
|3209
|628

Valid Contract Between Two or More Parties
|12
|2063
|191

Business Laws Assignment
|11
|3514
|49

Contract Law Application 2022
|8
|1878
|25