Australian Competition And Consumer Act 2010

1334 WordsOct 2, 20146 Pages
This essay will discuss the requirements for a legally binding contract, elements for establishing misrepresentation in a court and some elements of the Australian Competition and Consumer Act 2010. Mr Manfredi entered into a bilateral contact with Elvis Eggplant who is the director of the vegetarian café HappyHippie. Elvis Eggplant has induced Mr Manfredi to purchase the café HappyHippie by inflating financial accounts by 60% and supplying misleading information about future profitability of the cafe. This essay will argue there is sufficient evidence to establish that Elvis Eggplant has given misleading information to pursue Mr. Manfredi to get into a contract to buy the café HappyHippie. Mr. Manfredi could pursue damages and rescission against Elvis Eggplant under Australian Competition and Consumer Act 2010 S 18 for fraudulent misrepresentation. There are six elements to determine if there is a legally binding contract between the offeror (Elvis Eggplant) and offeree (Mr. Manfredi). Elements for a legally binding contract are intention, agreement, consideration, legal capacity, genuine consent and legality of objects. Based on the information given in this case Mr. Manfredi and Elvis Eggplant have entered into a legally binding contract. Both parties had the intention to agree for a legally binding commercial contract. Mr. Manfredi accepted the offer from Elvis and paid money to buy the café. The misrepresentation presented in this case is Elvis Eggplant knew he had

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