Georgia provides a home pet care service, and Malcolm is interested in his service, he asked Georgia take care of his pets. Malcolm introduce Georgia his award winning rabbit and tropical fish, he especially mentioned he will show his winning rabbit in Melbourne for 10,000. Georgia gave him a oral promise that he is a professional, an animal lover and taking care of these pets will not be a problem.
In the next day, Georgia emails a standard form contract, in the contract is written; " Georgia maintains the highest standards in animal care. However Georgia will not be liable for death or illness of tropical fish due their specific vulnerabilities .
Malcolm is very busy this week preparing for his trip away.so he does not read the contract but signs it and returns it to Georgia in person.while he is away Georgia attends frequently to the pets but incorrectly feeds the fish the rabbit food and the rabbit the fish food .
After one week , Malcolm return to the home finds that his tropical fish worth thousands of dollars have died. In addition ,due to the rabbit food blocking the aquarium filter , extensive flooding has occurred damaging both furniture and the house Malcolm is renting . And the rabbit, has lost all its hair( due to the stress from eating fish food and is no longer able to be shown.)
A vaild contract is an agreement made between two or more parties (including business organisations) that creates rights and obligations that are enforceable by law . A contract may be entirely in writing , entirely oral or partly written and partly oral. In ascertaining whether a contract exists, the law has traditionally used a methodology which requires the plaintiff to establish four essential elements. Offer , acceptance, intention and consideration.
Formal contract are agreements made in writing, which must follow strcit requirements. A contract under seal ,which is usually referred to as a deed, must be : -A written...