surface levl diversity and deep level diversity

Topics: Appeal, Invitation to treat, Carlill v Carbolic Smoke Ball Company Pages: 2 (556 words) Published: May 24, 2014
Assignment 1
Part A.
Question 1: Going to the following website http://www.austlii.edu.au / and locate the Mildura case: the full citation of the case is: Mildura office equipment & supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006) Explain briefly how you found it.

There are many way to look for the case .But in my opinion the best way to find it exactly is step 1 firstly Go to the website http://www.austlii.edu.au /. After that on the first page it appears cases & legislation. And click on Victoria then chose Supreme Court of Victoria 1994 (AustL II) to find the civil case. Finally decision beginning with M looking for Mildura office equipment & supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006). In addition to looking the appeal case It is almost the same with finding civil case. There is only some gently difference click on Supreme Court of Victoria – court of appeal 1998 (AustL II) instate of Supreme Court of Victoria 1994(AustL II). Question 2: The Mildura case concerns the meaning of a unilateral contract, define a unilateral contract. A unilateral contract is one in which an offer is made inviting acceptance by actual performance rather than by a promise. For example, the offer of a regard for the return of a lost dog is accepted by the return of the dog. A unilateral contract ‘comes into the existence when one party promise s to do something in return for acts performed by other party, with the intention of being contractually bound if those acts are performed, and the other party accepts that promise by performing his or her side of the bargain”: Gippsreal Ltd v Register of Title (2007) 20 VR 127 at [42]. Question 3: An English precedent case, noted in para 2 of the Mildura case, establish the definition of a unilateral contract. In paragraph 2 of the Mildura case the unilateral contract related to contract of the Carlill v Carbolic Smoke Company Limited (“Carlill v Carbolic”) class....
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