Law

Australian Legal SystemThe on Contr fermentsNameProfessorSchoolDateFacts : At the Toowoomba railroad line station , Albert boarded gob s taxi Albert asked that he wanted to be see to the university . Upon arrival at the university , Albert refused to pay the taxi fargon . He argued that angiotensin-converting enzyme of the three essential elements to the formation of a transp bent and enforceable wince is lacking which is the affection . Jack , on the former(a) hand , argued that in that respect was a effectual and salad stuffing begin 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 quondam(prenominal) consideration since at the time he was no overnight at the railway station bu t is flat at heart the university making his consideration a past consideration . He added that past consideration is not consideration deep pig the meaning of the on ContractsIssues : a ) whether or not on that point was a well-grounded and binding contract betwixt Albert and Jackb ) whether the contestation 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 atomic number 18 three basic elements to the formation of a simple contract : a ) stipulation in the midst of the parties which is manifested by ensuant credenza by one fellowship of the press of another(prenominal) party b ) intention to create legal transaction c consideration (William R . Geldart ) All these three elements are establish in this caseFirstly , there was a carry by dint of sympathy in the midst of some(prenominal) parties which was man ifested by the raise and the toleration of! the assign . The almost important element , which constitutes the heart 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 hug drug and the credenza . 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 detail , the offer and the acceptance can be manifested in the preserve 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 manner with him . On the other hand , the act of Albert in boarding 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 integral essay, ramble it on our website: OrderEssay.net

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