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Answer: 1. Part A Introduction There are five fundamental elements on which the contract law is based. The elements are mentioned as the offer, consideration, acceptance, capacity of the contract and intention of attaining a legal relationship. The abovementioned elements must be identified in between the communications that are taking place among the parties so that a contract can be formed before the law. There can be no contract formed i...Read More
Answer: Legal element Facts which satisfy the legal element Negligence In this regard, the Courts in this regard, relied upon the legal elements of negligence. It can be observed that a claim for proceedings was brought against the appellant to the District Court in order to claim damages for the negligence caused on the part of the appellant. In this regard, it was claimed by the respondent that the injuries cause...Read More
Answers :- 1.a) Issue The issue here is to determine if a valid contract existed between Magda and Avinash. Law Australian contract law embodies common law principles. As per common law a legally valid contract has the following elements (Hunter 2017): Offer and acceptance. Intention to create legal relationships. Capacity to enter into the contract. Legitimacy of the terms of the contract. Under the given set of facts and ci...Read More
Answers: Summary As per the report of ABC (2018), the corporate watchdog has initiated legal proceedings against the Common wealth Bank of Australia (CBA) for getting involved in rigging a major market interest rate. ASIC is claiming unconscionable conduct as well as market manipulation regarding the involvement for settling the bank Bill Swap Reference Rate (BBSW). It can be witnessed as a benchmark rate which is utilized by Australian finan...Read More
Answers: 1. Issue: The issue in the present case is whether there was a misrepresentation of facts by Jessica about the profits amount in her account. The issue to be considered in the factual scenario is whether there was misrepresentation of facts by Jessica to Angela. Rule Misrepresentation can be defined as a false or misleading statement about any fact which induces the other party to enter into a contract. Misrepresentation has been ...Read More
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