Sunday, December 16, 2018
'Law Sample of Essay Plan\r'
'Introduction * The 6 essential elements to traffic pattern a rack is exsert, sufferance, consideration, intention to ready effectual bound, capacity to contract and legality of promise. * An acceptation of an fling provide create an correspondence. * However, not all transcriptions be recognized as contracts. * Agreements with no intention to create legal obligations bequeath not create a contract. * In order to create dazzling agreement credence essential be final and unconditional. dust Paragraph 1 * credenza is a spend and undoubted assent to the offer and all of its terms. * The law study as adoption when the offeree accepted the offerorââ¬â¢s offer. Not acceptance is when one party disputes whether the former(a) accepted the offer. * Acceptance is important because acceptance will lead to agreement to be formed and contract will comes into existence. Paragraph 2 * 4 happen in acceptance which are, acceptance must be s chamberpott(p) and undoubted, offer or requirements must be met, acceptance in reliance upon the offer and acceptance must be communicated. * Mirror image rule is the rule of contracts that prohibits an offeree from changing the terms of that offer * The alteration in terms of the offer by the acceptance voided the agreement and there will no contract exists. The rule of the mirror image rule is to ensure the acceptance is final and abruptly unconditional so that blinding contract can be done. Paragraph 3 * Conditional or qualified acceptance is as long as the conditions are not satisfied, an acceptance give subject to a condition will not operate * A conditional acceptance is not a blinding agreement payable to acceptance must be final and absolutely unconditional. * This type of acceptance operates as a tax return offer, therefore this will destroy the first offer. The mapping of inserting ââ¬Å"subject to contractââ¬Â means parties does not take to be bound by the contract until it fabricate the written contract. * This will affect enforceability due to the conditions were not been satisfied. Paragraph 4 * I) Masters v Cameron * II) Souter v Shyamba Pty Ltd * III) First Church of Christ, Scientist , Brisbane as trustee downstairs instrument 7020202154 v Ormile Trading Pty Ltd * IV) Teviot Downs Estate Pty Ltd & adenylic acid; Anor v MTAA Superannuation Fund (Flagstone Cheek and saltation Mountain Park) Property Pty Limited * V) Redowood Pty Ltd v Mongoose Pty Ltd VI) Australian Woollen Mills Pty Ltd v The Commonwealth * VII) Godecke v Kirwan * VIII) Niesmann v Collingridge * The past typeface decisions have shown clear guidelines on what is conditional acceptance Conclusion * Acceptance can occur when there is exist of an offer and through acceptance, blinding agreement will be made. * I agree that blinding agreement can be create through final and absolutely acceptance. * This is to ensure that both parties will not break any loses and prevent in umpire to occur. The past cas e decision can be used due to its accuracy that given out fair and justice to the both parties. (506 Words) Bibliography Book 1) David Parker and Gerald Box, traffic Law For Business Student 2011 (Lawbook Co, 1st ed, 2011) 2) Stephen Graw, An Introduction to the law of puzzle (LBC Information Services, 3rd ed,1998). Case Law 1) Australian Woollen Mills Pty Ltd v The Commonwealth (1955) 93 CLR 546 (Privy Council) 2) Redowood Pty Ltd v Mongoose Pty Ltd [2005] NSWCA 32 (Spigelman CJ, Tobias JA and Bryson JA)\r\n'
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