Issues Julie and Brian and Alex PDF

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case Julie and Brian and Alex...

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ISSUES: -

Is there a contract between Julie and Brian? yes Is there a contract between Julie and Alex? yes Whose contract was formed first? Brian Was there an offer? Was that offer accepted? Was the agreement supported by intention? Was the agreement supported by consideration?

Julie and Brand: - Ad = offer? No it is an invitation to treat as per Boots Cash Chemist, Grainger v Gough - Brian’s email = offer? Yes, if B is prepared to pay for a car sight unseen. Set price communicated. No it is not an offer as B would need to see the car, so at this stage it is willingness to trade. If offer, contract response = acc? No it is a counter offer, which is taken to be a rejection of B’s offer and J makes a fresh offer, as per Hyde v Wrench. If V did not make an offer, then J’s response is an offer - B’s response = acc? It appears B does accept J’s offer and is prepared to come within the week. If still wants to see car before he commits, then not accept. - If acc then there is an agreement, but if no acc then no agreement. - Intention: Business setting cts presume intention, it would be up to J to provide evidence of a rebuttal, as per Carlill’s case. - Consideration: J promises car, B promises money. Exchange of promises, which is good consideration (executory cons) If B gave money = executed cons. - Conclusion: B and J have entered a binding contract. Julie and Alex: - A makes and offer of 2500 + paint + dinner + (study hard) - J agrees

- Intention: Family setting, cts presume no intention. Onus is on Alex to provide evidence to find intention on both sides. - Consideration: Alex promises money, paint the house, (dinner) - Conclusion: If intention was established then J and Alex have entered a binding contract. If no intention, no contract. Timing: B’s contract was formed on Wed morning because that is when the email entered her server, as per the Electronic Transactions Act 2000 (NSW). Designated email address, the act applies.

Qonsett Arlines and Christine: - Is there a contract between QA and C? they have a contract - It is an invitation to treat as per …. - Term? C agree with the term of condition of QA (it mentioned about some problems that would make the flight was delayed about 1 or 2 hours – counter-offer) - Cause of action – breach of contract - Damages: C missed her meeting - Consideration: QA didn’t make anything wrong in the contract. (unexpected bad weather problem made the flight delayed) - Conclusion: C will lose on suing QA Colston and Pauline: -

Is there a contract between C and P? P accept Consideration: C promises holiday, nothing on P Conclu:

Jennifer and Brent:...