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The Law of Contracts of the Australian Law - Essay Example

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The paper describes several requirements of the admissibility of any case as under the law of contract. For any case to be admissible under the Australian law of contracts there must be two parties involved, where one party gives the offer (offeror) and the other party accepts the offer given…
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The Law of Contracts of the Australian Law
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Download file to see previous pages Anton offers to sell a photograph to John. John agrees to buy the photo and then pay for it $10,000. Here, there is an involvement of two parties, the seller, and the buyer. The law requires that the intention by the two parties entering into such a contractual agreement should be to create a contract. In this case, there was a clear intention to form a contract, in the sense that John agreed to purchase the photograph only if it was authentic. The response by Anton was positive. This far, the intended transaction had qualified to be a contract. However, there was an abrupt change of plans when Anton was informed that the same photo would fetch more money, to a tune of $ 30,000. By deciding to give out the photograph to be sold at a higher price in the auction, well knowing that he had agreed to sell the same to John, Anton breached the agreement. Under the Australian law, there are two provisions that guide the cause of action, once one party to the agreement breaches a contractual agreement. The legislation guiding fair-trading in all the Australian states, as well as the law of consumer, provides that a party to the contractual agreement who decides to breach the agreement can be sued for damages (Baker, 1995). The fact that Anton breached the agreement gives John a legal right to claim the watch and if not provide to him, then to sue Anton over the same. Thus, in our case, John can take legal action and sue Anton for the breach of contract. However, there are some considerations that need to be done in this case, just before a determination is given as to who bears the responsibility. ...Download file to see next pagesRead More
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