• Case List
    Commonwealth v State of Tasmania (1983) 46 ALR 625 Federal and State powers Lee v Knapp [1967] 2 QB 442 “Stop after accident” – golden rule Smith v Hughes [1960] 2 All ER 859 “in the street” – mischief rule 4. Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256 Several contract law principles 5. Harvey v Facey...
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  • Law of Contract
    cannot be construed as an offer as it shows no intention on K's part to be bound to its terms, in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A's letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to...
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  • Business Law Contracts Essay
    Contract 1 a) Intention Although there is a domestic relationship between the two parties implying that there would no intention (Balfour v Balfour); Wakeling v Rippley shows that if there is economic seriousness involved between the domestic parties, the presumption that there was no intention to create...
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  • Business Law
    fact made by the representor to the representee before make a contract, which present the negligent misrepresentation here.[2] Case Law: Donoghue v Stevenson[3]; AS a company, the owner owes a duty of care. 5) Aspects of unconscionability[4] is saying unconscionable is means the description is...
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  • Contract Law
    unless it was contractually bound to do so. In these two cases the question arose as to whether or not the Council had entered into a contract. In Storer v Manchester City Council (1974), the Court of Appeal found that there was a binding contract. The MCC had sent Storer a communication that they intended...
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  • l of contract 1
    terms.  Where an offer is made in the alternative, the acceptance must stipulate which alternative has been accepted.  Peter Lind & Co Ltd v Mersey Docks and Harbour Board [1972] 2 Lloyd’s Rep 234 : an offer to build a terminal was made by a tender quoting 2 alternative prices, fixed and...
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  • Law Paper
    examples: "FCT v Clarke (1927) 40 CLR 246"; "Coles Myer Finance Ltd v FCT 93 ATC 4214". All case names (Names of the parties) are to be put in italics or – in handwritten exams - underlined. If you use the case another time you can refer to the case by using the name: e.g. "in FCT v Clarke" or "in Clarke's...
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  • Contract Law
    the offer, it is not possible to accept as found in R v Clarke (1927) 40 CLR 227, it must be specified and should not be vague like in Scammel v Ouston (1941) 1 AER 14 and must be differentiated from a sheer supply of information, shown in Harvey v Facey (1893) AC 552 JCPC. The acceptance of...
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  • Bussiness law
    made b/w friends or acquaintances.. other domestic agreement: voluntary agreement, commercial or business agreement. Government contract,AD, 1. Trevey v Grubb (1982) social 中奖一人独吞A three person syndicate won in the lottery. The ticket was in the name of D, who refused to share the prize. This was a social...
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  • Business Law Assignment
    Contracts Act provides that “…when a person to whom the proposal is made” which appears to say that only the addressee may accept the proposal. Boulton v Jones (1857) 2H & N 564 Defendant had business dealing with a shopkeeper named Brocklehurst. The defendant had ordered some stocks from Brocklehurst...
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  • The Rosetta Stone
    to the modern understanding of Egyptian hieroglyphs. The inscription records a decree that was issued at Memphis in 196 BC on behalf of King Ptolemy V. The decree appears in three texts: the upper one is in ancient Egyptian hieroglyphs, the middle one in Egyptian demotic script, and the lower text in...
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  • Research Paper
    Customary Land Law of Tanzania, A Source Book. Nairobi: East African Literature Bureau, 1973. MEGARRY, R. A Manual of the Law of Real Property. 7th ed. London: Sweet and Maxwell, 2003. MEGARRY, R. and WADE, W. The Law of Real Property. 6th ed. London: Sweet and Maxwell, 2000. RIDDAL, J. A. Land...
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  • Single Sex Schools
    Payne v Cave (1789) 3 Term Rep 148 2. DISPLAY OF GOODS The display of goods with a price ticket attached in a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy. See: * Fisher v Bell [1960] 3 All ER 731 * P.S.G.B. v Boots...
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  • Business Law
    the terms of the offer exactly. Acceptance must be with the awareness of the offer if there is to be agreement and ultimately a contract. In R v Clarke (1927) acceptance was not made in reliance of the offer and so no contract was made. Consideration is something that is required in all valid contracts...
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  • Timeline
    Engine, C. Babbage 1873 Solution of Equations in Nonnegative Variables, P. Gordon 1880 Markov Chains, A. Markov 1896 Pareto Optimal/Efficient Solution, V. Pareto 1896 Solution of Linear Equations as a Combination of Extreme Point Solutions, H. Minkowski 1900 Time Studies/Scientific Management, F. Taylor...
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  • Legal Issues for Accountants
    Generation v CNA Resources Ltd [2001] NSWSC 1040 (Unreported, Palmer J, 15 November 2001) (‘subject to the Board’s approval’) Ø  question of substance, not form (see, eg, Australian Woollen Mills Pty Ltd v Commonwealth (1954) 92 CLR 424) Scope •  May be made to the world at large Ø  Carlill v Carbolic...
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  • Cases on Contract
    Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff's goods at an auction sale, but he withdrew his bid before the fall of the auctioneer's hammer. It was held that the defendant was not bound to purchase...
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  • Fundamentals of Common Law
    Tommy v Spud 1.1 Advice to Tommy 1.1.1 Duty of Care In this case, the “neighbour principle” of Lord Atkin and the test of proximity of relationship of the High Court is applicable (Turner 2011:738). The parties have a special relationship based on physical proximity and causal proximity: Donogue v Stevenson...
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  • Acca F4 Cases
    Ratio Decidendi A n advertisement with element of reward is a public offer. Case Carlill v Carbolic Smoke Ball Co [1893] Facts An advert placed for 'smoke balls' to prevent influenza. offered to pay £100 if anyone contracted influenza after using the ball. Deposited £1,000 with the Alliance Bank...
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  • Law Cheat Sheet
    not intend to create legal relations. Balfour v Balfour (1912) Categories of rebuttal – The nature of the document (if drafted by solicitor) - Agreement may expressly state legal relations - Surrounding Circumstance may indicate intention Merritt v Merritt (1970) -Significant reliance on promise-...
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