The Law of Contracts of the Australian Law - Essay Example

? Australian Law Australian law Case No Under the Australian law, various aspects comprise any case used to determine the legality or the illegality of the case. This case falls under the law of contracts of the Australian law. The requirements of the admissibility of any case as under the law of contract are several (Barnett, 2001). It is based on these fundamentals of the law of contracts that the case that this matter will be decided. 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 (offeree). There also has to be the item being offered and the consideration for the same. It is also worth noting that putting an advertisement on the paper is classified as an invitation to treat (Evan, 2006). This is where the seller is welcoming any prospective buyer to come and make an offer the commodity being sold. However, once the buyer has made the offer and the seller has agreed to take the stated consideration, the contract becomes binding and prevents the seller from rescinding such a contract on any other basis. For the agreement to become binding, the offer must be communicated and the acceptance communicated too, indicating an intention to enter into a contract. If in the communication of the acceptance the offeree changes any term of the original offer, then the contract is breached and not binding any more. If the acceptance happens to be given after the set time for the contract has expired, then the contract can be rescinded (Parkinson, 2001). The most important aspect regarding the offer and acceptance is that from the judgment of a reasonable ground, the whole deal settles as a bargain that is concluded. Notable also is the fact that both the parties entering into such a contract must have the capacity to engage. Under this provision, a drunk or a minor cannot enter into any binding agreement. In our case, 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 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 bares the responsibility. The fundamental principle of capacity comes into play in this case (Hoggers, 2008). We are not told the age of both the seller and the buyer. If it happens that Anton was below the legal age of responsibility, then John have no legal right to sue Anton for the breach of that contract. The state of the two parties entering the contract is not given also. Considering the fact that any contract entered into by parties who are drunk or not sober is not binding, then this can determine the case otherwise (Baker, 1995). If either Anton or John is proved to have been under the influence of alcohol when entering into that agreement, then the contract would cease to be binding. These are the legal rules that are applicable in seeking to determine and resolve this matter. Case 2 The legal dispute resolution procedure in South Australia is one of its kinds. Here is a well define procedure that a person waging complaint against the other should follow to resolve the dispute. However, this is particular to the nature of dispute that needs to be resolved. The South Australian laws have provided for the formation of a body that handles such disputes (Scott, 2009). The Office of Consumer and Business affair is charged with the sole responsibility of helping resolve such disputes. It is however worth noting that the body only handles cases that are disputable between the consumer/ buyer and the seller. Thus, any dispute between the traders is not under the jurisdiction of this body (Dennis, 1996). The natures of the cases that the body handles include; a case of goods that have been bought for personal use, that are not for re-sale and where the aggrieved party has tried to resolve the dispute with the seller and failed. If the dispute in question has proceeded to the other authorities handling legal cases, then it is beyond the jurisdiction of this body (Raker, 2002). The body does not take any legal action against the parties who have breached the contract. Rather, it offers advice to the complainant on how they can take a legal action, on the event that resolution out of the courts fails to bear any fruit. In our case, Andrew is the complainant, having been cheated by the vendor, Brian to purchase a watch that was not functional. The false representation by the vendor Brian is seen in the fact that he confirmed that the watch fitted the description given-the watch keep time. Later on after purchasing, Andrew finds that the watch is not operational since it only kept time for two hours and went off. However, having been informed that the watch can be repaired at a cost of $150 and the required parts. This pointed to a possibility of resolving the dispute without necessarily going to the courts. Andrew had already taken the first step and informed the vendor about the inappropriateness of the watch he sold him. However, the vendor accelerates the pace of dispute by denying that fact. However worth noting is the fact that not all erroneous representations are considered false (Smith, 1987). In case an individual buyer is so much obsessed with a product to the extent of not observing the details keenly, then they cannot accuse the trader of misleading them. In our case, Andrew did not pay attention to the details that the watch was not Pennsylvania special. It was only labeled special. Therefore, the misrepresentation in this case is about the watch operation. The following is the procedure recommended by this body, that the complainant, in this case Andrew, should follow to resolve the dispute (Scott, 2009). The complainant should talk to the trader directly about that complain at hand, as he did. Now that the vendor denies he fact, the n Andrew should put his complains in writing and present them to the vendor. In the same writing, Andrew should include the possible ways of resolving this dispute. Andrew should give the vendor a reasonable period, while waiting for the response on how he intends to resolve the issue. To the extent that the vendor fails to respond within the stipulated time, them Andrew should contact the body for assistance, explaining to them in details the steps he had taken in trying to resolve the matter. The body is then responsible for sending a confirmation to the Andrew, indicating that his complains has been received. The body then sends a letter notifying the vendor that the body wages a complain about his conduct of business in a manner to cheat his customers. The case then enters the next step of negotiation with both Andrew and Brian. The officer from the body seeks a range of options that are available to settle the case. He then seeks a response from the vendor, looking at the areas where the parties can strike an agreement and those in which they differ. If the officer succeeds sin establishing an option that is agreeable by both parties, then a binding contract is signed and both parties required to play their agreed roles. After all the parties perform their duties regarding the case and the whole dispute is resolved, then the case file is closed and each party notified of the closure (Svenson, 1989). If the attempt by the body does not help to solve the dispute, then Andrew will be given advice on the available channels and options of justice, through which he can seek redress. Works Cited Barnett, E. (2001). The law of contract. Aspen publisher. Baker, A. (1995). The failure of contract Law: Freedom of contracts and agreements. Journal of Contract law II. Dennis, C. (1996). The statutory interpretations of the Australian law. Sydney. Butterworth. Evan, K. (2006). Contract law and material cases. Oxford: Oxford University press. Hoggers, P. (2008). The ideal contractual agreements. University of Louisville Law review. Parkinson, T. (2001) Traditional and change in Australian laws. Sydney: LBC Information services. Raker, E. (2002). History of Law in Australia. Sydney: Allen & Unwin. Scott, P. (2009). The basis of law of contract. University of Louisville Law review. Smith, H. (1987). Contract law in Australia. Sydney: Allen & Unwin. Svenson, P. (1989). The substance in contractual agreements and laws.Clarendon Press. Read More