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Contract Law and Universal Offers

   

Added on  2020-10-22

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Memorandum ofadvice
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Table of ContentsMEMORANDUM OF ADVICE.....................................................................................................3(a) Determination of whether there was an agreement between Keith and Contractor A......3(b) Determination of whether there was a Contract between Keith and Contractor A..........4(c) Validity of extra payment made by Keith to Contractor C...............................................6(d) Analysis of fact whether Keith can claim reward or not..................................................7BIBLIOGRAPHY............................................................................................................................9
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MEMORANDUM OF ADVICE(a) Determination of whether there was an agreement between Keith and Contractor AISSUES: with a view to renovate Happy shopping mall the manager Keith, of Happyshopping mall posted an advertisement in newspaper for as, looking for a contractor to renovatethe mall for AUD 500000, it was posted on 1st May 2018. Upon reading this contracted A, contacted Keith on phone on 2nd May as gave an offer tothe task for AUD 550000. A letter of offer was posted by Contractor A on 3rd May with an offerof AUD 450000, manager said that he need sometime to think of this offer. On 4th May, he againcalled Keith on 4th May and requested him to ignore the offer in letter whenever received. On 12thMay offer letter of A reached to Keith.RULING:Offer: When an offer is made, offerer must have an intention to be bound.Advertisement is considered as invitation to treat but in certain cases it can be amount toan offer.Invitation to a treat An offer is all together different from an invitation to treat1. An offer will result in abinding contract when offer is accepted, while in case of invitation to treat there is no need ofacceptance, it is merely an offer in form of invitation.2Acceptance: With a valid acceptance parties enters into a valid binding contract, for a valid acceptancethere are three main rules which may be complied with, they are:acceptance must be communicated to offerer,term of acceptance must be exactly same as terms of offer,agreement must be certainCounter offer: 1Competition and Consumer Act 20102Formation of Contract at Common Law
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