Answer: Answer 1(a) Issue Whether the contract formed between Vincenzo Franco and Scenic view can be invalidated with respect to the rules of contract law. Rule There are three essential elements which are required to form a contract. These are offer and acceptance, consideration and intention. On the other hand a valid contract can be identified based on factors such as legality, capacity, genuine consent – duress, mistake, misrepre...Read More >>
Answer: The doctrine of Separation of Powers: It is a doctrine which is inserted in the constitution of Australia where the powers are divided into three branches of the government that is executive, legislative and judicial. The doctrine has provided separate powers to each and every branch of the government and each branch have its own powers which cannot be exercised by the other department or branches. The doctrine of separation ...Read More >>
Answer: Issue: It is to be stated that for a contract to be valid and legally binding upon the parties, it must contain the basic essentials of a valid contract. In this case the essentials of a valid contract will be discussed to analyze whether a valid contract had been formed between Avinash and the café. Rule: There are four important essentials that need to be present for the formation of a valid contract as held in the case Pha...Read More >>
Answers: Answer 1(a) Issue: Was there any contract formation between Avinash and the café? What are the essentials of a valid contract? Relevant law There are four major essentials that determine the validity of a contract. These major essential elements of a valid contract are: Offer Acceptance Consideration The intention of creating a legal relationship Offer: An offer can be referred to as a statement of expr...Read More >>
Answers: 1.a.Issue Whether a contract was formed between Avinash and cafe based on the given case study, or not? Rule A contract is deemed as a promise made by two or more parties, who later on came to be known as contracting parties. The promise of both the parties is different where one party agrees to pay the consideration value as has been agreed upon between the parties, and the other party promises to undertake the work of the contrac...Read More >>
Answer: Issue: Had a Contract been formed between the Café and Avinash? Rule It is to be mentioned that there exists four most important essentials of a valid contract. The aforementioned essentials elements of the valid contract are: Offer Acceptance Intention to create legal relations Consideration Offer: An offer is a statement of expression intending to create legal relation between the two parties.An offeror makes ...Read More >>
Answer: 1.Part A Issues In the given case, Magda given some time to Avinash to accept the offer, but in the meanwhile she sold the subject matter of relevant offer to a third party named Elton, Further, Avinash has accepted the offer maid to him after the prescribed time. Now the issue is to decide that is there any binding contract has made in between Magda and Avinash in the discussed transaction? Rule As per Australian Contr...Read More >>
Answers: 1. Issue Can Magda and Avinash are in contractual relationship? Applicable law In Australia, an agreement has the forcibility of law when it is supported by consideration by capable parties who have intention to abide by the agreement. Such agreement which has forcibility of law are called contract. In any contract formation there are requirements of few essentials. A brief analysis of the same are submitted herein below.An agre...Read More >>
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