Some Legal Case Studies

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Legal Case Studies Question One The basic premise of this case has to do with contract law and how that is applied. Since Australian law follows the principles set down in English contract law (as is the case with most other English speaking countries), most of the basic legislation differs little from that basis. However, there have been cases and specific legislation that make Australian contracts unique. First, it has to be understood what is necessary for a contract to be legal, and then the determination has to be made whether John and Anton's verbal contract met those requirements. Australian contract law looks at oral contracts with the same degree of obligation on the part of the contractors as it does a written contract in most instances. Maritime insurance must be contracted via a signed agreement as must most contracts where land is exchanged (Fifoot's Law of Contract). This varies somewhat according to jurisdiction, but most Australian jurisdictions show no distinction between written and oral contracts. For either type of contract to be legal, it has to follow the six rules of contract: "Agreement where one party makes an offer and the other accepts it; Consideration where one party gives something in exchange for something from the other party; Intention where both parties intend to abide by the contract; Capacity where both parties are mentally capable of understanding the contract; Genuine consent where both parties agree to the contract of their own
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