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Issue: The issue in this situation narrates whether there was an agreement existing between the parties who had formed the contract and if they had agreed on the terms and conditions of the contract.
Rule: A contract can only be formed when there is involvement of an offer and acceptance. The party making the offer is known as the offeror and the party receiving the offer is called the offeree. Therefore, an offer can be constituted w...
A contract becomes enforceable in law if it includes all the essential elements that render it as a valid contract. Such elements include a valid offer, acceptance, and consideration, capacity of the contracting parties and the legal intention of the contracting parties to be bound by the contract (McKendrick, 2014).
The presence of such elements must be established from the communication, taking place between the contra...
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The related issue of this scenario states that whether an agreement exists within the parties forming the contract and if they have unanimously agreed on the conditions and terms of the contract.
As per the Contract Law, a contract is formed when a party makes an offer to the other party. If the offer is accepted by the other party, then a valid contract will be formed. Therefore, a contract becomes enforceable in law when ...
In the given circumstances the issue that has been identified is whether Magda and Avinash had entered into a valid contract.
For a contract to be legally binding upon the parties it has to contain the necessary elements of contract formation. The necessary elements of a valid contract are:
Offer and Acceptance
Capacity to contract
Intention to create legal relations
Legitimacy of the ter...
Under schedule 2 of the Competition and Consumer Act 2010, the Australian Consumer Law regulates the consumer rights regarding purchase of goods and services. According to section 3 of the ACL, a person who purchases any commodity or avail of any services that more than 40000 dollars for household or personal purposes shall be deemed as a consumer under the ACL law (Howells and Weatherill 2017).
Further, the ACL law retrains...
1. Part A
The advertisement which Magda has made to sell a portrait of Paris Stilton states that it has the value of $2000. It is a limited edition portrait and has only three prints. Only one portrait is unsold.
This is an invitation to offer in relation to the law of contract. The case of Partridge v Crittenden  1 WLR 1204 made a ruling when a person makes an advertisement it should be considered as invitat...
In England as well as in Wales, English Law is applicable. Majorly two sources are there from that this law has originated. One is legislation and another one is Common law. Legislations are the Laws and statues which are well defined and get their recognition from the authority i.e. parliament itself. The sovereign body of Parliament creates Legislations in Wales and England (Makuch and Pereira, 2012). This body co...
Following the provisions of the 2010 Corporations Act, directors and other officers have the following duties to play in regards to a company; Section 180 requires a director and any other officer in the company, to display a high level of care & diligence when discharging their duties & powers to the same extent a reasonable person would display if he/she were in such a position or if he were in charge of that office & had...
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