What Law Applies Is There A Binding Contract?

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Question 1: Introduction: Emily agreed to work in her mother, Margaret’s antique store when she was 16 and in return she would receive any unsold dolls. However, later Margaret decided to give the unsold stock to charity. Assume that Emily acted on Margaret’s original representation. In order to advise Emily it is necessary to evaluate the key facts, and then determine if a contract exists and whether Emily could enforce the promise relying on promissory estoppel. The next step would be to consider what law applies to the facts and apply the law to the facts. a)Is there a legally binding contract? It is essential to determine if a legally binding contract exists. There are several elements required to constitute a…show more content…
As a result, the agreement did not constitute a legal contract because they did not intend, at the time it was made, to make a legally binding arrangement. It was only an ordinary domestic arrangement. On the other hand, Emily did not have the ability to make a contract. The facts indicate that there was not a legally binding contract between Emily and Margaret. b)Can Emily enforce the promise by way of a promissory estoppel? The doctrine of promissory estoppel was established from High Trees Case[3], which allows a promise to be enforced by preventing the promisor from going back on their word, where situations would be inequitable or unconscionable[4], even if a legal contract does not exist. It is also known as equitable estoppel[5]. However, according to Austotel Pty Ltd v Franklins Selfserve Pty Ltd[6], promissory estoppel may not apply in large commercial transactions. There are three different models of promissory estoppel applied in Australian law since Walton v Maher[7], including the legal relationship model, the restraint on rights model and the independent source of rights model[8]. In order to determine whether or not Emily could enforce the promise on the basis of promissory estoppel, the six-point test established by Walton v Maher[9] must be satisfied. Firstly, the promisee assumes the existence of a particular legal relationship. Secondly, the promisor is
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