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Essentials of Contract - PDF

   

Added on  2020-05-16

8 Pages1246 Words102 Views
Running Head: ESSENTIALS OF CONTRACTEssentials of contractName of the Student:Name of the University:Author Note
Essentials of Contract - PDF_1
ESSENTIALS OF CONTRACT1Table of ContentsAnswer 1..........................................................................................................................................1Answer 2..........................................................................................................................................3Bibliography....................................................................................................................................6
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ESSENTIALS OF CONTRACT2Answer 1IssueThe issue in this case is to identify whether Avinash and the cafe have entered into avalid contract through the fulfilment of its elements.RuleFor the contract to be validly found it has to comply with all legal requirements whichincludes the fulfilment of its elements such as offer, acceptance, consideration and intention tocreate legal obligation.A valid offer has been described by the case of AGC (Advances) Ltd v McWhirter1.The court stated that an expression which is complete in nature so that another person may belured by its terms to get into a contract is an offer. However if such expression is incomplete itbecomes an invitation to offer. In the case of Carlill v Carbolic Smoke BallCompany2 the court stated that there mustbe an intention to create legal obligation between the parties in order to establish that a validcontract has been formed between them. The court finds out such intention through the objectivetest.In R v Clarke3 the court stated that acceptance can only be in relation to an offer and itsterms must be totally same as that of the offer. Application1 (1977) 1 BLR 94542 [1893] 1 QB 2563 (1927) 40CLR 227
Essentials of Contract - PDF_3

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