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Essay / Research Paper Abstract
This 8 page paper looks at two contract law case studies. The first case sees a seller advertise goods through a newspaper, and refuse to sell them when the buyer arrives. This is a case concerning offer and acceptance and is analyzed in order to assess whether or not a contract has been formed. The second case looks at a contract where the buyer makes a mistake regarding goods purchased and the goods fail to match their description. This case concerns mistake and misrepresentation and is analyzed to determine of the goods can be return for a refund. The paper is written with reference to Australian law with numerous case citations. The bibliography cites 4 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEconOAMM.doc
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Unformatted sample text from the term paper:
price of $10,000. John calls and tells Anton if it proves to be genuine he would buy it. While John was travelling to see Anton and the photograph, Anton found
out he may get more for the photograph selling it at auction. Anton refuses to sell the photograph to John, but John believes he has made a contract. If a
contract had been formed then Anton would be in breach, if a contract had not been formed Anton is able to change his mind and sell the photograph at auction
without being in breach of contract. This is a case that concerns the application of contract law to determine whether or not a contract had been formed. A valid
contract requires two elements; an offer made by one party with an acceptance of the offer by another party, this is known as offer and acceptance. Additionally, there is also
the need for an intention for legal relations to be created, consideration to be provided and both parties need to have capacity to form a contract. However, this is a
case concerning offer and acceptance. To assess this case it is necessary to look at the different stages of the communication to identify if and where the offer and
acceptance may have taken place. Anton placed an advertisement, for the call from John to be assessed as an acceptance the advertisement must be seen as an offer. Case
law indicates a newspaper advertisement has the potential to be an offer. The case establishing his was Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 (Lexis, 2012). This
case saw a newspaper advertisement classified as a unilateral offer; the advertisement gave sufficient details of terms in order for any respondent to accept the offer by fulfilling all the
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