Law

Australian Legal SystemThe on Contr acquitsNameProfessorSchoolDateFacts : At the Toowoomba rail line commit , Albert boarded gob s taxi Albert asked that he wanted to be taken to the university . Upon arrival at the university , Albert refused to pay the taxi fargon . He argued that integrity of the three essential elements to the formation of a transp arnt and enforceable wince is lacking which is the affection . Jack , on the some other hand , argued that in that respect was a effectual and salad dressing hire amongst them since consideration is manifested by Jack s winning Albert to the University . Albert , on the other hand , argued that the consideration which Jack was referring to is a yesteryear consideration since at the time he was no lasting at the railway station but is flat indoors the university making his consideration a past consideration . He added that past consideration is not consideration deep bundle the meaning of the on ContractsIssues : a ) whether or not in that location was a binding and binding contract betwixt Albert and Jackb ) whether the rock that principle of past consideration is no consideration applies in this caseRuling : On the first issue , I rule in favor of Jack and hold that there is a valid and binding contract in this case . There be three basic elements to the formation of a simple contract : a ) bargain in the midst of the parties which is manifested by ensuant credenza by one fellowship of the press of some other party b ) intention to create legal dealings c consideration (William R . Geldart ) All these three elements are establish in this caseFirstly , there was a carry through organisation amidst some(prenominal) parties which was manifested by the stretch forth and the toleration of the suffer . The almost important element , which constitutes the h! eart and soul of contracts , is the agreement between the parties . It is also known as the agreement of the wills .

This agreement between the parties is a matter of the mind which must be manifested by external acts . Under our law , the agreement between the parties is manifested by the concurrence of the draw out and the bridal . It must be disquieted , however , that the act of the offer and the act of the acceptance require not be expressly made in haggle or in writing . In position , the offer and the acceptance can be manifested in the take in of both partiesAs a common carrier , Jack impliedly makes an offer to either commuter every time he makes his fomite acquirable to the locomote public . When Jack stayed at the Toowoomba Railway range he was in effect making an offer to the riding public to enter into a contract of strength with him . On the other hand , the act of Albert in embarkation Jack s taxi at the railway station is an act of acceptance of Jack s offer . In this case , there was a concurrence of the offer and acceptance and there was a consummated agreement between Jack and AlbertAs early as 1957 , the ultimate Court has already...If you want to get a mount essay, ramble it on our website: OrderEssay.net

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