Australian contract law problem question Case Study

Australian narrow down law problem question - fibre Study ExampleThe spell may be oral, written or implied from guide. Offers are of two kinds a item offer is made to a specific offeree. No one else can accept it. If you propose to make a contract with A, then B cannot substitute himself for A without your consent and to your disadvantage, securing to himself all the get of the contract see Pollock, CB, Boulton v Jones (1857)1. A general offer can be accepted by anyone, and usually without prior notification of acceptance Carlill v Carbolic tidy sum ball Co. (1893)2. It was found in Carlil that there was an offer made to all the world to ripen into a contract with anybody who comes forward and performs the condition and that as notification of acceptance is required for the emolument of the person who makes the offer, the person who makes the offer may dispense with notice to himself if he thinks it desirable to do so. In the accustomed situation, Elaines statement I will gi ve that wheel to anyone who can fix my neck, was clearly a general offer. However, neither it was shown that Kramer has validly communicated his acceptance to Elaine nor it was shown that the latter has dispensed with the notice of acceptance. Clearly, there was no valid and enforceable contract between Elaine and Kramer considering that there was no agreement between the parties. However, it can be argued that acceptance may be done by positive conduct of the offeree as long as the acceptance must be active and that there must be some positive act by the offeree Felthouse v Bindley (1862)3. Hence, Kramer may argue that by massaging Elaine, he has communicated his acceptance by positive conduct to Elaine. Furthermore, a valid offer has certain characteristics certainty (a promise to reconcile an extra 15 or 10 buy another horse if a horse proves lucky to me is too vague to amount loan offer Guthing v Lynn 1831)4 and discourse (an offer must be communicated to the offeree before i t can be accepted.) Thus, if a seaman helps to navigate a ship home without making known the owners in advance, he cannot insist on representment, since the owners have not had notice of his offer, and, therefore, no opportunity to accept or reject it Taylor v Laird (1856)5. Thus, in the given situation, the promise I will give that bike to anyone who can fix my neck lacks the requirement of certainty. Such promise is similarly too vague as the promise to pay an extra 15 or 10 buy another horse if a horse proves lucky to me to amount to a loan offer Guthing v Lynn 1831)In several cases, it has been ruled that preliminary statement may not amount to an offer. An invitation to treat which is a statement that is intended to elicit an offer from person else has been ruled to have no legal force as the offer it elicits can be accepted or not without obligation Gibson v Manchester city Council (1979).6 Moreover, a statement of the price at which one is prepared to consider a selling a piece of land or any communication of information in the course of negotiations is a mere preliminary statement which were held not to be an offer. In the given situation, it can be argued that Elaines statement was a mere preliminary statement which does not constitute a valid offer. Moreover, another requirement in the creation of a valid and enforceable contract is an intention to create legal relations. In an agreement between friends in a domestic arrangements, there is a presumption