Sample Essay on:
Australian Contract Law Case

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Essay / Research Paper Abstract

This 3 page paper looks at a case supplied by the student where it is necessary to assess if a contract excists. One person agreed to sell goods to another, but there was a delay in gaining the money to pay for the goods, while waiting the seller chose to sell the goods to another customer. The paper assesses whether or not there was a breach of contract.

Page Count:

3 pages (~225 words per page)

File: TS14_TEaucontract.rtf

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Unformatted sample text from the term paper:

price on a car that was for marked for sale for $20,000, J states that if B offered $15,000 they can do business, B asks J to hold the car for a month to give him time to get the money, after three weeks a different person A, offered $20,000 for the car, and J sold it, at the end of the month, B came with a cheque for the car, and claims that the car should be his. The issue here is whether or not there was a contract created, if there was J is in breach by selling the car to a third party, if there was no contract there is no breach. There are two issues here, those of offer and acceptance. A contract has been defined by Sir William Anson as "a legally binding agreement made between two or more parties. By which rights are acquired by one or more acts or forbearances on the part of the other or others" (Barker and Padfield, 12004). Therefore, a contact needs to have certain requirements before any form of agreement is deemed to be valid and thereby enforceable, there has to be an offer by one faction or party with an acceptance of the offer by another party, this is known as offer and acceptance. For this we need to look at the case to asses if there has been bioth offer and acceptance. The car was on sale with a price on the window, according to Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 it ios possible for an advertisement to be seen as an offer, however there has to be sufficient detail to make it a unilateral offer, in this case there was no further conditions. And according to Australian Woollen Mills ...

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