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Contract Law

   

Added on  2020-10-05

7 Pages1678 Words416 Views
Contract law

Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1...................................................................................................................................1QUESTION 2...................................................................................................................................2QUESTION 3...................................................................................................................................3REFERENCES................................................................................................................................5

INTRODUCTIONA contract is formed where the contractual journey begins and 4 of the basic element toform a contract are offer, acceptance, consideration and certainty and intention to create legalrelation. All these 4 factors operates together with there distinct rules and make a contract legaland enforceable by law. QUESTION 1Issue: A letter was sent by Sarah to Jacqui in which she offered Jacqui to leave with herand promised her all the property. Upon this Jacqui sent back the acceptance to Sarah over herinvitation to leave with her in Sydney and started her migration arrangement from France. Doesthe letter sent by Sarah is a legal contract between her and Jacqui. And is Sarah is bound by thepromise made by her in the letter to Jacqui.Law:The contract law Australia:To form a legal binding contract there are certain requirements which must be met.These includes agreement, consideration, intention to create legal relation, capacity to contractand compliance with formalities.Agreement: A valid agreement is formed through offer and acceptance. This meansconsensus of mind of both the parties where parties agree to the same thing.Consideration: Consideration is the price that is asked by the promisor in exchange fortheir promise and is an essential requirement in Australia before a contract will be binding.Consequently, gratuitous promises are generally not enforceable.Legal intention: For a contract to be legally bounding the parties must intent to createlegal relation. In is an independent requirement which must be demonstrate separately for acase1. The parties under social contract have no intention to create legal relation and there is nolegal intention at the time of entering into agreement. As in the case of Todd and Nicol, 1957, the defendant offer the plaintiff to live in herhouse with no rent and upon this the Plaintiff moved to Australia from her country trusting thepromise made by defendant. Dispute arises between them and defendant asked plaintiff to leavethe house. A case was brought against defendant over formation of contract between them. The1Formation of contracts Intention to create legal relations, 2018.1

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