Contract 1 Elements Of A Contract Contract 1 Assignment

701 words - 3 pages

2 Daniel Coates
Tutorial 2- Hair-R-Us
Main Legal Issue
To establish whether Hair-R-Us are legally bound to pay the $5000 dollars to either Mr George Hearn or Mr Max Chapman there must be a valid legally enforceable contract between the parties. There are three main issues to consider when looking at the Hair-R-Us case. The first issue to consider is whether there was an offer made by Hair-R-Us or if the advertisement was merely an invitation to treat[footnoteRef:1]. Secondly, it must be established if either Mr George Hearn or Mr Max Chapman effectively and unequivocally accepted the offer. Thirdly, the legitimacy of the revocation must be determined as the revocation is the determining factor in payment. [1: Gibson v Manchester City Council [1979] 1 All ER 972.]
Was There an Offer
Scenario 1.
The advertisement placed in the newspaper by Hair-R-Us was a unilateral offer. As the advertisement states that a $5000 reward will be paid by Hair-R-Us to any person who does not gain a thicker head of hair after taking the tablets as directed. This corresponds directly with the definition of unilateral contract which states, ‘a unilateral contract is constituted by a promise for an act’. [footnoteRef:2] With the promise being a thicker head of hair and the act being taking the tablets as directed. For a unilateral offer to be accepted the offeree must perform the actions that the offer states.[footnoteRef:3] Both Mr George Hearn and Mr Max Chapman effectively accepted the offer as they both took the tablets as directed and the acceptance of a unilateral offer is also executed consideration for the promise.[footnoteRef:4] [2: Peter Radan and John Gooley, Principles of Australian Contract Law (LexisNexis Butterworths, 2nd ed, 2010) 8.] [3: Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484.] [4: Radan and Gooley, Above n 3.]
Scenario 2
However, the advertisement could be seen as an invitation to treat. This would mean both Mr George Hearn and Mr Max Chapman offer to buy the Hairylicious product from Hair-R-Us and Hair-R-Us accept ...


contract principles formation of contract - contract law - problem questions

1668 words - 7 pages Contract Law: Seminar 1 October 25- 2018 Henthorn v Fraser [1892] 2 Ch 27 (i) What are the relevant facts of the case?
 An offer was sent by post from the secretary requesting acceptance of $750 pounds for the property within 14 days.
 The offer was withdrawn the following day by way of mail, before postal acceptance was received; however the acceptance had already been posted by his Solicitor the same day at 3:50pm as withdrawal was sent

A Non-Religious Contract In America

1140 words - 5 pages A Non-Religious Contract in AmericaThe religious standards of Americans today have plummeted to a new low. Fewer people are going to church than earlier in the century. Many people are marrying without even going to a priest by getting a judge to marry them. Divorce is steadily on the rise. Today's society accepts homosexuals! Now the issue arises over whether we should allow homosexuals to marry. And you know what? It is really none of the

Essay On Good Faith In The Law Of Contract

3316 words - 14 pages no court has yet given a comprehensive definition of this duty, a number of common elements can be stated as follows. These duties appear to be: ? An obligation to both parties to a contract not to do anything that may destroy or injure the right of the other party to receive the benefits of the contract; ? A Requirement of fair dealing, honesty and cooperation to achieve contractual objects; ? A Requirement compliance with standards of the

House COntract of License and Biscuits Nuts Are Cool - prof Libermann - Contract

1975 words - 8 pages , practical legal advice for business and people ...we do not mix apples and pears 1 LICENCE FOR THE OCCUPATION OR SHARED OCCUPATION OF A ROOM THIS AGREEMENT is made on the 17tht day of June, 2018. BETWEEN: Rebecca Sammon (“The Tenants”) Caoimhe Hopkinson Oisín Wolfe Of 19 Greenmount Lawns, Terenure, Dublin 6 in one part and Thiago Carvahlo Ferreira (“The Licensee”) Raphael Socolowski de Lima DEFINITIONS In this Agreement: 1.1 “The

Contract Law Essay, problem question, agreement - Contract Law - Problem question

1126 words - 5 pages Mick v Yummy Chocolate Mick’s case is dependent on whether he was in contract with Yummy Chocolate corporation or not and whether Yummy Chocolate have breached that contract. If there is no contract the second issue of breach does not arise. It can be argued that the offer was merely an invitation to treat. In Partridge v. Crittenden [1968]1, the plaintiff placed an ad in Cage and Aviary Birds which stated "Bramblefinch cocks and hens, 25s each

Mock Contract for Business Course - TSU/Marketing - Assignment

777 words - 4 pages The Bridal Contract Hey girl! Thank you so much for considering me to glam you & your bridal party up for your big day! I am so honored to work with you. Please carefully review this bridal contract I have prepared just for you. I require this contract to be completed and submitted with a non-refundable deposit of $50.00 in order to secure your wedding date. The complete balance for your bridal party will be due ON the wedding date. Please feel

business law contract law cases - accoutning and finance - essay

2316 words - 10 pages contract · Whether the goods were provided to special order Consumer Rights Act 2015 “Getting a refund or repair, dealing with issues with faulty digital downloads and challenging unfair terms should all be made much simpler.” · One fairness test · s.62(1) – an unfair term will not be binding on the consumer · s.62(4): A term in a consumer contract will be unfair if “contrary to the requirement of good faith, it causes a significant imbalance in the

Rental Agreement for Individual Landlords - ICC BUS111 - Rental Contract

1225 words - 5 pages TENANT_______________________________ ADDRESS______________________________ TENANT ________________________________ PHONE________________________________ PHONE_________________________________ © 2000- 2014 By The Landlord Protection Agency, Inc. ™ THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY. Basic Rental Agreement Form Tips: When filling out your LPA form, please take note of the

Clara Lees cakes Pty Ltd - compensation received for the cancellation of contract to regarded as taxable or not??

410 words - 2 pages Free Generally trading contracts entered into by a business are usually revenue assets which are dealt with by a business for the purpose of generating a profit. If a trading contract is cancelled the compensation payments are treated as assessable income. Structural contracts are capital assets and cancellation of such a contract substantially affects the business. Compensation for a structural contract is generally a capital receipt .To consider

TASK 1 C489 - Assignment

1244 words - 5 pages C489: Task 1 Organizational Systems and Quality Leadership C489: Task 1 WGU A. Discuss nursing-quality indicators that could aid issues that may interfere with patient care The person at the center of the patient care experience past the introduction and the staff the patient encounters stands the nurse; this is the person that, at most times, is the vital cog in the experience and, to most, is the one who dictates how the experience was

Assignment #1 FICTION: A Rose for Emily - ENG 1B - Essay

1433 words - 6 pages Cobarrubio 1 Regina Cobarrubio ENG 1B Professor Anguiano 12 , March 2019 Fiction: A Rose for Emily “One reason people resist change is because they focus on what they have to give up, instead of what they have to gain”. In the short story, “A Rose for Emily” by William Faulkner, the protagonist, Emily Grierson, was born into a old southern family where she was controlled by her father. This was a time soon after civil war where she was not able

Assignment 1 - HCC - Principals of Biochemistry - Research Paper

1302 words - 6 pages . Hepatocellular carcinoma in non-alcoholic fatty liver disease: An emerging menace. Journal of Hepatology 2012 ; 56 :13841391. Caldwell SH, Crespo DM, Kang HS, Al-Osaimi A. Obesity and hepatocellular carcinoma. Gastroenterology 2004 November; 127(5): S97-S103. Chuang S, Vecchia CL, Boffetta P. Liver cancer: Descriptive epidemiology and risk factors other than HBV and HCV infection, Cancer Letters 2009 December, 286 (1): 9-14. Jeng KS, Sheen IS, Want

Community Health task 1 - Assignment

3631 words - 15 pages the pertinent information needed to come up with what areas need improvement I performed a windshield survey and a scavenger hunt activity. The first area to focus on is the crime and community safety of Sentinel City. After an interview with police officer Rodney it has become apparent that more mandatory police training is needed. Rodney explained that the anti-bias training is received the first two days on the job with no type of yearly

false memories for pysch 1 quickwrite - csus pysch 1 - assignment

502 words - 3 pages False Memories A false memory is when someone has a recollection of an event that never happened or an untrue remembrance of what happened. False memories can be created through misinformation,which is when new and misleading information distorts one’s memory of an incident. Elizabeth Loftus’ research has demonstrated that false memories can also be induced by suggestion and misattribution, which involves combining elements of different events

Financial Literacy Assignment #1 - Financial Literacy - Assignment

1564 words - 7 pages assignment. At the end of each day, be sure to save your progress. Review Lesson 4 of the Course Overview for instructions about turning in your assignments. Assignment Questions 1. Describe two examples of important things that financial planning skills can help you do, and explain why these things are important to you personally. (4-6 sentences. 2.0 points) One example of an important thing that financial planning skills can help me do is create a