PART 2: AGREEMENT A. Offer and acceptance Offer * Objective approach: offer must normally be interpreted in the sense in which it would reasonably be understood by an ordinary person‚ even though the offeror’s actual meaning was otherwise. * Definition: indication by one person to another of his or her willingness to enter into a contract with that person on certain terms. The ‘offer’ must indicate a willingness by the offeror to be bound without further negotiation as to the terms of
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Appendix I - Timeline Tue Thur Fri Mon Sat “let me know by next Saturday” Acceptance Telephone: Alice received deadline posted withdrew both messages Appendix II – Precedent: Holwell Securities Ltd v Hughes (1974) IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL CIVIL DIVISION On appeal from Order of Mr Justice Templeman. Royal Courts
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JURORS: Early jurors in England acted as witnesses providing sources of information on local affairs. But they gradually came to be used as adjudicators in both civil and criminal disputes. Gradually it became accepted that a juror should know as little as possible about the facts of a case before its trial. This is still the position today. The juror is a very important body of highly capable and well-trusted individuals that decide the facts a particular case and assists the judge in deliberating
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Bibliography: Articles/Books/Reports Aitken‚ L‚ ’Unforgiven: Some thoughts on Farah Constructions Pty Ltd v Say-Dee Pty Ltd ’ (2007) 29 Australian Bar Review 195 Andrews‚ G‚ ‘The redundancy of dishonest assistance’ (2003) 8 Conveyancing and Property Law Journal 1 Birks‚ P‚ ‘Misdirected funds: Restitution from the Recipient’ (1989) Lloyds Maritime & Commercial LQ 296 Chambers‚ R‚ ’Knowing Receipt: Frozen In Australia ’ (2007) 2 Journal of Equity 40 Cope‚ M‚ ’A comparative evaluation
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Bibliography: 1. Ng Kok Wai Conveyancing in Malaysia‚ Law and Practise 1st Edition‚ Sweet & Maxwell Asia‚ 2010 2 [13] [14] Ng Kok Wai Conveyancing in Malaysia‚ Law and Practise 1st Edition‚ Sweet & Maxwell Asia‚ 2010 at page 30
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1.0 INTRODUCTION Landlord–tenant law is a part of the common law that details the rights and duties of landlords and tenants. It includes elements of both real property law and contract law. Modern landlord‐tenant law includes a number of other rights and duties held by both landlords and tenants. The relationship of landlord and tenant arises where one person‚ who possesses either a freehold or leasehold property interest expressly or impliedly grants to another‚ an estate
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Legal Studies Meaning of Law Law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations of society. Australia has a type of legal system known as ‘common law’. This system allows for laws to be made by judges when there is a lack of statute law (laws made by parliament). Parliament can also give authority to make laws to other bodies. Laws made by these bodies are known as ‘delegated legislation’ the most important feature
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Indefeasibility * The conclusiveness of the register & bars ’retrospective investigation of title’ aimed to achieve security and simplicity in matters of title to land * Protection of purchaser – they are ‘paramount from unregistered interests’ but still are bound by registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description for the immunity from attack by adverse claim to the land or interest in respect of which he is registered‚ which
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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Part 2 – Contractual Formation A. Offer and Acceptance Pharmaceutical Society of Great Britain v Boots Cash Chemists The display of goods in a shop is only an offer to treat Australian Woollen Mills v Cth The offer must be in exchange for the other party’s consideration (quid pro quo). If it isn’t it is more likely a gratuitous promise Seppelt & Sons v Commissioner The use of the word “offer” is not conclusive Carlill v Carbolic An offer can be made to the whole world. Unilateral offers may require
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