Contract Law in Australia - Assignment Example

Name Institution Coursework Instructor Due date Part A 1. The case was heard in the supreme court of Victoria at Melbourne common law division. 2. The judge’s name was Dodds-Streeton J. 3. Medium neutral citation refers to references made on conclusions arrived at previous court cases not considering the medium of publication, that is, whether in electronic forms available in websites or hard copies of printed forms. It is based on three major components which include; publication year, designator and the sequential number in that order. The most appropriate citation of the law reports is the pinpoint citation that indicate jump cites or pin cites 4. Unilateral contract refers to a one-sided contract in which one party undertakes a performance or makes a promise in an exchange of a fulfillment without seeking a prior consent of the person of whom the action or performance is directed to. 5. The land mark case of Carlil versus Carbolic. The defendant which in this case is the Carbolic smoke Ball Company, had inserted an advertisement in a newspaper which pledged a reward to whoever contracted epidemic influenza cold or any disease by taking cold after using the carbolic smoke ball three times. The reward was to be 100L deposited with the Alliance Bank along the Regent Street. The plaintiff, which in this case is Carlil, succumbed to influenza. 6. Australian Woollen Mills Proprietary Ltd v The Commonwealth 7. Mr. Blancato. The judge noted him as a consistent, a direct and more reliable witness. The significance was that the plaintiff lost the argument. 8. The judge dismissed the basis demands of the injunctive or declarative relief by the defendant together with the defendant’s submissions that the plaintiff may have held some of the CFA machines. 9. The plaintiff’s claim was that after accepting the offer by first procuring a customer to enter into a rental agreement with CFA in April in reliance on the offer, the plaintiff had entitlement to purchase all canon copiers except specified models in the dealer’s area for $1 on the expiry of their rental agreement with CFA. 10. There were not enough, clear, consistent, direct and concise evidence and premises to support the plaintiff’s argument. 11. a) Medium neutral citation b) The defendant’s counterclaims for injunctive and declaratory relief in relation to machines which the plaintiff collected, or may collect in future in reliance upon entitlement was dismissed by the court as baseless. 12) Yes, the case was dealt with fairly. This is because; all the grievances of the parties involved were given adequate air time and proper considerations in accordance to the statements of the law. The plaintiff was given a reprieve after the court denounced injunctive and declaratory relief. From the evidence presented before the court, it was clear that the plaintiff was exonerated from the claim that it had withheld some of the CFA copier machines. On the other hand, the defendant also got its case argued out well with some to the plaintiff’s witness claims disposed of as inconsistent, indirect and lacked precision and clarity. Part B Question 1 An agreement in a contract establishes the issuance of an offer and its dully acceptance by the offered. It binds the contract between the issuer of the offer in question and the receiver. In the consideration of the two offer cases, Raymond did reach an agreement with William in the first instance. The likely evidence of this agreement is the fact that, the next day after the day when the offer was made, he had to call William of his decision to revoke the offer he had made the day before then. If there was not any element of agreement made between Raymond and William then he (Raymond) would not have informed William of the change of things. The acceptance of that offer would have been based on the fact that, before the end three days from the day the offer was made, William would respond to buy the computer at $ 100. However, Considering Raymond’s revocation of the offer made to William, it is evident that he was interested to accept the offer made to him by Greg but it is not clear what he had told him, though one may arrive to the conclusion that he had told Greg to let him inform William of the change of mind first. Therefore, one is tempted to believe that Raymond put his acceptance of the offer made to him by Greg on hold, so as to come clear with William. Question two The discussion between Ian and Jenny confirms two related interests. These are; Ian’s intentions to sell his car and Jenny’s interests in buying Ian’s car. a) Ian and Jenny had only expressed their wishes to engage in a transaction involving Ian’s car. Precisely, a transaction was coming eventually, but any agreement was not struck in as far as the transaction involving Ian’s car was concerned. Jenny’s refusal to pay for the delivered car was actually admissible. The element supporting her actions is that in any offer made through the electronic media, there must be a response from the receiver of the offer indicating the unconditional acceptance of the offer. In this case, Ian had made an offer of $20000 to Jenny through an e-mail. Jenny did not respond to the offer made through e-mail as anticipated earlier by Ian, hence expressing in acceptance of the offer. This is in line with terms regarding the legal use of language which states that words are understood on the basis of their ordinary meaning unless in cases where the use of words distort the meaning of certain legal aspects, hence proper interpretation by the court is very necessary. In this context, even though there are no words coming from Jenny, the silence denotes her lack of acceptance to the offer. Therefore, delivering the car to Jenny is purely based on mere assumption that Jenny do not always respond to mails and so her silence on the offer was positive. b) Ian’s refusal to sell his car to Jenny is quite justifiable. First, in this case, agreements to be reached through electronic media must adhere to certain elements that pertain to making offers and their acceptance. For instance, Jenny had to respond to the email sent by Ian to confirm the agreement. This was a business transaction that must follow legal contract procedures to avert problems emanating from insufficient agreement and contractual terms. However, Ian is a manifestation of his own mistrust. His expression in the email he sent to Jenny indicated that Jenny’s silence would mean acceptance to his offer and that would have made Jenny to fail responding to the mail, to accept or refute but to act on the best interest of Ian’s words. References Buckley, F. (A theory of contract). Just Exchange:A theory of contract. London: Routledge. Fried, C. (1981). Contract as qa Promise. A theory of Contractual obligation, 4-6, 74-85, 103-11. Mather, H. (1999). Contract law. London: Greenwood Press. Oliver H. (1995). Firms, Contracts, and. OXFORD: Clarendon Press. W.D., S. (1996). Binding Promises: otThe late 20th century Reformation. Princeton: Princeton University Press. Read More