Contract Act 1950 Essay

P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION

The offeree is the only party with legal power to accept an offer, thus forming a contract. In addition, for the contract to be considered accepted, the offeree must accept all the terms of the offer unequivocally. This is called “the mirror image rule”. For example, if the offeree stated “I will purchase your home, but I wish the drive way was repaved”. The offeree accepted the terms, making this an accepted contract. An example of non-acceptance is if the offeree stated “I will purchase your home, if you pave the driveway”, This would be a

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

‘Acceptance is a definite and unqualified assent to an offer, on all of its terms. Any acceptance given conditionally will not result in a legally binding agreement.’

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

In Carr v J.A. Berriman Pty Ltd, the principal entered into a contract with a builder for the construction of a factory. Two breaches by the principal caused the builder to seek to terminate the contract; a failure to deliver the site in the condition specified in the contract and a unilateral decision to remove from the contract the fabrication of steel framing. It was the second breach that was decisive in the view of the High Court in finding that the termination was effective. In its reasons, the Court noted that the loss of the fabrication represented about one quarter of the builder’s estimated profit on the entire project and the removal from the contract of that percentage of the overall value was a substantial breach.

In BROGDEN v METROPOLITAN RAIL CO it was held the railway company had accepted by placing orders since the amendment of the document, and in TRENTHAM LTD v ARCHITAL LUXFER the court used the 'reasonable man' to identify whether or not there has been acceptance. Both cases seemed to have reasonable outcomes; therefore the courts had been provided with satisfactory rules to help them reach a appropriate verdict. There are various different rules regarding acceptance. There must be a communication of acceptance from the offeree to the offeror. The case of YATES BUILDING v PULLEYN deals whether there had been a prescribed acceptance or not. It was held that there was no practical difference to the offeror therefore the acceptance method was binding. However in the case of ENTORES LTD v MILES FAR EAST CORPORATION there was no prescribed acceptance, yet it was held that the contract was formed in England as that was there acceptance had been received by telex. Other rules that can be used to decide whether there has been acceptance include a waiver of communication of acceptance; silence, which isn't a valid acceptance; ignorance, generally there isn't a binding contract; and acceptance via post using the postal rule. The postal rule can often be misused, as it states that a contract has been formed as

To be an offer, a statement must contain a promise/s and not just a statement to supply information as exhibited in the case of Harvey v Facey . In order to determine whether the statements made by Choy were a promise we

only lead to discrimination with insurance coverage but also with employers. Once the genetic information is part of the individual’s medical record, it may then be accessed by others. Cases of employers having used genetic information as part of the selection process have been found in Australia. Genetic discrimination has even been detected in the armed forces where a young man was asked to provide documentation that showed he was not predisposed to Marfan syndrome, of which he had a family history. Genetic discrimination is probably the biggest concern for individuals when it comes to the cause and effects of genetic testing upon society. Some of this concern roots from the extreme examples of world leaders and prevalent scientists in the

An acceptance of an offer is “ a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.

I am currently going to school to eventually become a nurse practitioner. I am required to several classes to achieve this goal, one of them being Introduction to Psychology. While taking this course I learned an abundance of different concept and information that I will not only using in my future as a nurse practitioner, but also in my everyday life leading up to that goal. The few concepts that stuck with me the most are the memory stages, the three “C’s” of abnormal behavior, and managing the body during stress.

An offer is the manifestation of the willingness to enter into bargain, so that the offeror understands that he may enter into the bargain freely and that assent to the bargain will complete the transaction. Bill presented an offer to Sara to

Acceptance is a final and unqualified expression of consent to the terms of an offer. An offer may only be accepted by the person to whom it is made unless an agent is authorized to accept on behalf of that person. In addition, an acceptance must be made in the manner requested or authorized by the offering party. If the party to whom the offer is made

Around the late 17th and 18th century, Europe was the place where the highly educated people known as philosophes, or philosophers were meeting to discuss new ideas relating to government, religion, economy, and the social questions presented. Unlike the past, this new Age of Enlightenment or the Age of Reason had these new thinkers that came from all areas of society such as artists, writers, journalist, professors, social reformers, and economists. These four philosophers; John Locke (1632-1704), Voltaire (1694-1778), Adam Smith (1723-1790) and Mary Wollstonecraft (1759-1797), wanted to find new ways to improve and understand their society. During this Age of Enlightenment, these philosophers helped form the society today in government,

for it to qualify as a proper contract in the eyes of the law: offer