Law Sample of Essay Plan

Category: Contract, Justice

Last Updated: 27 Jul 2020

Pages: 2 Views: 91

Introduction * The 6 essential elements to form a contract is offer, acceptance, consideration, intention to create legal bound, capacity to contract and legality of promise. * An acceptance of an offer will create an agreement. * However, not all agreements are recognized as contracts. * Agreements with no intention to create legal obligations will not create a contract. * In order to create blinding agreement acceptance must be final and unconditional. Body Paragraph 1 * Acceptance is a clear and undoubted assent to the offer and all of its terms. * The law regard as acceptance when the offeree accepted the offeror’s offer. Not acceptance is when one party disputes whether the other accepted the offer. * Acceptance is important because acceptance will lead to agreement to be formed and contract will comes into existence. Paragraph 2 * 4 rule in acceptance which are, acceptance must be clear and undoubted, offeror 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 rationale of the mirror image rule is to ensure the acceptance is final and absolutely 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 due to acceptance must be final and absolutely unconditional. * This type of acceptance operates as a counter offer, therefore this will destroy the first offer. The purpose of inserting “subject to contract” means parties does not want to be bound by the contract until it become 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 under instrument 7020202154 v Ormile Trading Pty Ltd * IV) Teviot Downs Estate Pty Ltd & Anor v MTAA Superannuation Fund (Flagstone Cheek and Spring 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 case 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 make any loses and prevent injustice to occur. The past case 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, Business Law For Business Student 2011 (Lawbook Co, 1st ed, 2011) 2) Stephen Graw, An Introduction to the law of Contract (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)

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