Law of Contract: Case Analysis and Application of Legal Rules
Added on 2022-11-23
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Running head: LAW OF CONTRACT
LAW OF CONTRACT
Name of the Student
Name of the University
Author Note
LAW OF CONTRACT
Name of the Student
Name of the University
Author Note
LAW OF CONTRACT1
Part A
1]
The Supreme Court of the State of Queensland of the nation of Australia heard the case
of Ford & Anor v La Forrest (2001) and certain explanations were provided by the Court. In the
country, this Court is the apex court in the Queensland State. This Court have jurisdictions,
appellate and original, under its command. When the claims amount to more than 750000
dollars, such cases are heard by the Court, specifically by its trial division. Even issues regarding
murder and Corporations Act, 2001 are attended to by the Court as matters of criminal instance.
Matters relating to appeal are also attended to by the Court.
2]
The case mentioned above, falls under the category of civil cases. This case relates to a
contract. Issues are highlighted in the case regarding the offer and the acceptance in case of a
contract. In the given case, the chief issue was in relation to the status of the acceptance that was
provided through an e-mail, for the offer forwarded. Doubts in relation to the contractual
responsibilities had to be cleared in the given case.
In this case, Adele La Forrest, also called Adele Morrow, is the appellant and the burden
of proof is on her. It is her burden to show that the acceptance made by her do not give rise to
any responsibilities, contractual to be specific.
3]
The primary concern in this case is the doubt in relation to obligations and
accountabilities being created from an acceptance forwarded to an offer, when such acceptance
was mailed. The provisions provided in the Electronic Transaction Act (Cth) enforced in the year
Part A
1]
The Supreme Court of the State of Queensland of the nation of Australia heard the case
of Ford & Anor v La Forrest (2001) and certain explanations were provided by the Court. In the
country, this Court is the apex court in the Queensland State. This Court have jurisdictions,
appellate and original, under its command. When the claims amount to more than 750000
dollars, such cases are heard by the Court, specifically by its trial division. Even issues regarding
murder and Corporations Act, 2001 are attended to by the Court as matters of criminal instance.
Matters relating to appeal are also attended to by the Court.
2]
The case mentioned above, falls under the category of civil cases. This case relates to a
contract. Issues are highlighted in the case regarding the offer and the acceptance in case of a
contract. In the given case, the chief issue was in relation to the status of the acceptance that was
provided through an e-mail, for the offer forwarded. Doubts in relation to the contractual
responsibilities had to be cleared in the given case.
In this case, Adele La Forrest, also called Adele Morrow, is the appellant and the burden
of proof is on her. It is her burden to show that the acceptance made by her do not give rise to
any responsibilities, contractual to be specific.
3]
The primary concern in this case is the doubt in relation to obligations and
accountabilities being created from an acceptance forwarded to an offer, when such acceptance
was mailed. The provisions provided in the Electronic Transaction Act (Cth) enforced in the year
LAW OF CONTRACT2
1999 are considered as the legal issues in the case. Sub-section (1) of section 8 and section 4 of
the Act that is mentioned above has been debated in the given case. The issues are in relation to
the offers and the acceptances made via any media of electronic resources.
4]
In this case, the primary necessities of a contract are mentioned. Such necessities of any
contract have been provided below.
Offer and its Acceptance: Offer made must be specific, which should be accepted. The
recognition of the offer and its acceptance must be very clear and it should be done
within a proper time.
Consideration: In every contract, the promise of the parties is made in lieu of a reward or
value, which is known as consideration. It may not be money or simple cash in all cases
of contract. Consideration may be given in any form.
Parties and their Intention: The parties to a contract should have an intention to
participate in the contract and such contract shall be binding on them legally. The
ultimate requisite is the presence of a consideration in a contact.
The ability of the parties to be involved in a contract, in the legal sense, must also be taken
into account. The necessities regarding a contract must be present and a particular contract
should not be illegal and must conform to legal structure (Floyd et. al., 2018).
5]
Giblin v Duggan was one of the case laws that was utilized as reference in the provided
situation. This case was used to explain the situation that a letter shall not be considered as the
supposition to the primary contract, when the letter is a reaction to any notice or caution in
1999 are considered as the legal issues in the case. Sub-section (1) of section 8 and section 4 of
the Act that is mentioned above has been debated in the given case. The issues are in relation to
the offers and the acceptances made via any media of electronic resources.
4]
In this case, the primary necessities of a contract are mentioned. Such necessities of any
contract have been provided below.
Offer and its Acceptance: Offer made must be specific, which should be accepted. The
recognition of the offer and its acceptance must be very clear and it should be done
within a proper time.
Consideration: In every contract, the promise of the parties is made in lieu of a reward or
value, which is known as consideration. It may not be money or simple cash in all cases
of contract. Consideration may be given in any form.
Parties and their Intention: The parties to a contract should have an intention to
participate in the contract and such contract shall be binding on them legally. The
ultimate requisite is the presence of a consideration in a contact.
The ability of the parties to be involved in a contract, in the legal sense, must also be taken
into account. The necessities regarding a contract must be present and a particular contract
should not be illegal and must conform to legal structure (Floyd et. al., 2018).
5]
Giblin v Duggan was one of the case laws that was utilized as reference in the provided
situation. This case was used to explain the situation that a letter shall not be considered as the
supposition to the primary contract, when the letter is a reaction to any notice or caution in
LAW OF CONTRACT3
relation to any kind of proceeding. Such reply or reaction shall be considered as a simple
statement generally made with an intention to acknowledge accountability. The distinction of
this case and the Newton, Bellamy and Wolfe case was mentioned and explained by the Court in
this case.
6]
The primary issue regarding the contract in this particular case was that the acceptance
made by the appellant was via e-mail. The chief question is that whether any relationship is
established in relation to the contract because of such acceptance. A decision was forwarded by
the Court based on the sections provided in Electronic Transactions Act (Cth) enforced in the
year 1999. Section 8, specifically the sub-section (1) of this section, provides that the invalidity
of a given contract cannot be established simply because the contract was formed by any media
or communication system that is electronic. In this case, the above-mentioned provision is
applied by the Court and accordingly the Court stated that the agreement between the parties is
binding on both the parties and such agreement also encompasses the necessities of an effective
contract.
In this case, the response of Ms. Morrow to the mails sent by the respondents is not
presumed to be a simple intention. The terms or words ‘prepares to accept’, should be
acknowledged as a proper announcement made by Ms. Morrow in relation to the acceptance of
the accountability regarding the contract. The Court stated that when such words are present in
the response to an offer, it shall be considered as an acceptance, which in turn results in a
contract.
The manner in which various laws and rulings have been exploited in the given case, it
may be presumed that such manner shows an attitude of antagonism towards the commercial
relation to any kind of proceeding. Such reply or reaction shall be considered as a simple
statement generally made with an intention to acknowledge accountability. The distinction of
this case and the Newton, Bellamy and Wolfe case was mentioned and explained by the Court in
this case.
6]
The primary issue regarding the contract in this particular case was that the acceptance
made by the appellant was via e-mail. The chief question is that whether any relationship is
established in relation to the contract because of such acceptance. A decision was forwarded by
the Court based on the sections provided in Electronic Transactions Act (Cth) enforced in the
year 1999. Section 8, specifically the sub-section (1) of this section, provides that the invalidity
of a given contract cannot be established simply because the contract was formed by any media
or communication system that is electronic. In this case, the above-mentioned provision is
applied by the Court and accordingly the Court stated that the agreement between the parties is
binding on both the parties and such agreement also encompasses the necessities of an effective
contract.
In this case, the response of Ms. Morrow to the mails sent by the respondents is not
presumed to be a simple intention. The terms or words ‘prepares to accept’, should be
acknowledged as a proper announcement made by Ms. Morrow in relation to the acceptance of
the accountability regarding the contract. The Court stated that when such words are present in
the response to an offer, it shall be considered as an acceptance, which in turn results in a
contract.
The manner in which various laws and rulings have been exploited in the given case, it
may be presumed that such manner shows an attitude of antagonism towards the commercial
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