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LAW 1510 Contract Law
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LAW 1510 Contract Law
0 Download7 Pages / 1,682 Words
Course Code: LAW 1510
University: The University Of Adelaide
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Country: Australia
Questions:
1.Carl and Jo
Carl asked Jo if she wanted to buy his stamp collection for $300. She told him that she wanted to buy it but would have to work out her finances before she committed herself. lie said that if he did not hear from her by Saturday, he would assume that she would buy it. Cad did not hear from Jo and therefore assumed that she was going to buy the stamp collection. He saw her on Sunday and handed it over. Jo said, “No I have thought it over and I can’t afford it”.
a.Was a valid contract formed using the case study format? (type headings- facts, law, application of law, conclusion)(refer to rules of offer and acceptance)
b.if Jo had said that she wanted to buy the stamp collection but would have to pay for it in 3 instalments of $100″ would a valid contract have been formed?
2.Kathy and Anthony separated six months ago.
Kathy continues to live in the family home with their two children. She is paying all household expenses. The separation was for a trial period so rather than invoke the Family Court in their affairs at this stage, they came to an agreement about expenses related to the children. The agreement was put in writing and signed by both of them. Now Anthony refuses to pay his share. Was a valid contract formed between Kathy and Anthony even though it was a domestic agreement?
Answers:
1.Carl and Jo
Issue
This scenario raises questions of communication of acceptance. In particular, could there be acceptance in silence?
Rule
The basic elements for the formation of a contract are an agreement, an intention to be legally bound by the agreement and valid consideration. Agreements are composed of two basic elements; the offer and acceptance. Each of these basic elements has its rules. For instance, starting with the offer, the language of the offer should be clear, and unambiguous. The court is likely to reject a claim for the existence of an agreement where the terms of an offer were too vague. Another rule for the for an offer is that it must be communicated to the offeree. In addition to this rule, communication can take any method provided that both parties would understand the offer in a reasonable man’s position. In most cases, communication of an offer takes express words, conducts, or a written form. Lastly on offers, the offeror may choose how acceptance should take place. Where an offeror specifies the method of acceptance, that method is always treated as a term of acceptance. Nevertheless, the law will not allow the offer to stipulate a method where acceptance will happen by the silence of the offeree.
After an offer has been communicated to the offeree, there could only be an agreement when the offeree accepts that offer. Again, like the offer, acceptance follows some rules. One of the rules of an offer is that it must be unconditional. The principle means that the law will never consider it a valid acceptance if the offeror accepted with different conditions. This rule requires that the acceptance should match every term that was communicated by the offeror. Also, within these rules is that an acceptance should also be clear. Where the offeree responds with different conditions that do not match the offeror’s terms, such form of response is called a counter-offer. A counter-offer is a variation of the original offer which goes back to the original offeror not as an acceptance but as a new offer. The first offeror who came with the offer becomes the offeree, and the original offeree to whom the first offer was made becomes the offeror. It is then upon the original offeror to accept the new offer or reject. Also, when the offeree responds with a counter-offer, he/she dismisses the original offer.
The second rule of an acceptance is that it must be communicated to the offeror. Acceptance can take any method either express through words or in writing, or it could be by the conducts of the offeree. Acceptance by conduct happens where other than the offeree communicating the acceptance to the other party, he/she starts performing as per the terms that were contained in the offer. Another method of acceptance is the fall of a hammer in the bid contracts.
Application
(a) Was a valid contract formed using the case study format?
On application, the same ruled discussed above will apply to this case. The first rule of an offer requires that an offer be made by the offeror to the offeree. In this case, Carl was the offeror, and Jo was the offeree. After certifying the first principle, the second step would require an analysis of the terms of the offer. The rules that govern the communication of the offer requires that the offer should be clear in its terms. In this case, it was a stamp collection made with the terms that it could only be sold for $300. Therefore, this principle is passed, and the offer was successfully made to the offeree. Next, it would be an analysis of the acceptance. The first rule of acceptance requires that the acceptance be made by the offeree to the offeror. In this case, it was Jo who was supposed to make the acceptance, and communicate the acceptance to Carl. However, Jo did not inform Carl that he had accepted the offer. Also, like as said above, communication of an offer must be made either orally, in writing or in conduct. In this case, it was wrong for Carl to assert that if he does not hear from Jo he will regard that as an acceptance.
Conclusion
Since there was no acceptance, there was no valid contract.
b). If Jo had said that she wanted to buy the stamp collection but would have to pay for it in 3 installments of $100, would a valid contract have been formed?
Application
Like as mentioned above, acceptance of an offer should not be conditional. It should match all the terms that were given by the offeror. The terms of the offer from Carl were a stamp collection for $300. Anything other than that would be a counter-offer.
Conclusion
If Jo said that she would want to buy it in installments, that would be a counter-offer, and it would not be a contract yet. It would be upon Carl to accept or refuse.
2.Kathy and Anthony
Issue
Intention to be legally bound. In particular, are domestic arrangements made with the intention to enforce them as contracts?
Rule of Law
Even though the contract has an offer, acceptance, and consideration, it does not necessarily mean that the court will enforce such agreement. For an agreement to acquire enforceability and become legally binding to the parties involved, those parties must prove that they intended to make the arrangements binding from the start of their agreement. Parties who made the agreement for the sake of mere convenience cannot come back to the law asserting that they intended it to be binding. Therefore, the intention to impose legal obligations or legal rights for the benefit of the promises should be at the conception of the parties when they were making their arrangements.
However, only a few times do parties state their intention to future enforce the agreement when they are negotiating. Either, both parties may have a different understanding of their arrangements when they are making the agreement. One party may take it that they are making binding promises, while the other one may not have that same understanding. When a dispute arises out of such an agreement, it is upon the court to find out whether the agreement was made with the intention to create legal obligations or not.
In dealing with these cases, the court takes an objective approach. This involves interpreting the facts of the contract in a reasonable man’s understanding. The court analyzes the words and the conducts of the parties. The court also considers other facts such as the nature of the agreement, its context, and the circumstances that led to the creation of the agreement. In narrowing the analysis, the court starts by placing the agreement either of the two categories. The first category includes all agreements that were made in relation to domestic, social or family arrangements. The second category involves all agreements made in relation to commercial or business arrangements. Where the court finds that the context of the agreement largely involves domestic, social or family matters, the first presumption is that the agreement was made for domestic, social or family convenience, thus having no intention to be legally binding. However, this presumption can be rebutted as would be discussed below. Where agreements largely involve commercial or business matters, the first court’s presumption is that the agreement was made with the intention of making them binding, mainly because commercial agreements involve commercial gains, losses or financial risks.
To refute the presumption that parties in a domestic, social or family agreement never intended to make the agreement binding, a party asserting that such an agreement needed to be binding must provide two proofs. The first one is that despite the fact that agreement was made between family members or colleagues, the agreement involved a commercial activity, a commercial gain or loss. An example of such agreements includes family partnership business. Agreements of this category also involve financial risks and the court usually rule that they were made with the intention of making them binding. The second proof is that the agreement was made in writing or in deed.
Similarly, the presumption that agreements in commercial settings are made with the intention to make them binding between the parties can be rebutted. To disapprove the assumption, the party asserting that the agreement was not intended to be binding must provide two elements. The first one is an honor clause specifically stating that the agreement was not intended to be binding. The second one an analysis of all the facts which depends surrounding the agreement, but the disapproval of the assumption would be upon the court’s reasoning.
Application
Applying the rules stated above to Kathy and Anthony’s case, the first step is to classify the agreement as either arising from a domestic, social or family setting or like one arising from commercial setting. From the facts given, this is a case between a husband and a wife, so it would be classified under the family agreement. Like as stated above, the first presumption of the court when such a dispute as to the intention to be legally bound comes to court, the court will first assume that the party’s never intended to make the agreement enforceable. It is then upon the party asserting that the agreement was made with the intention to make it binding to provide the proof. As mentioned above, there are two elements for disapproving this assumption. The first one is proof that the agreement involved commercial gains, losses, or financial risks. The second one is a proof of a written agreement or deed. In this case, there was a written agreement signed by both parties. Therefore, the agreement was made with the intention to make it binding.
Conclusion
It was a family agreement between a husband and a wife. The agreement was valid since it was made in writing, and signed by both parties. Therefore, it was made with the intention to make it binding.
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