Question: Problem question (Part 1): Adam says to his work colleague Colin: ‘if you drive my pet Doberman, Brutus, to Sydney I will pay you $3000’. Colin says nothing. Three days later he drove Brutus to Sydney. Brutus became very car sick during the trip because of Colin’s erratic driving. (Brutus had never been car sick before on long drives.) On arrival in Sydney Brutus was so dehydrated from car sickness that he had to be taken to an animal hospital. This required Adam to pay $1000 in veterinary expenses. Adam refuses to pay Colin $3000.
(i) Has any contract been formed here? If so how was it formed and what are its terms? If not, explain why no contract has been formed.
Administrators comment: This coursework was completed as part of an LLB Law degree programme outside of the UK. (Australia - Masters year 1) It has been added to the lawcoursework.com database due to it’s high quality. Generally speaking only work completed within UK Law courses is accepted.
Answer: ISSUE The issues to be determined in this case study is whether or not there is a valid contract between the Adam and Colin. The specific issue to be dealt with is whether silence is considered as a form of acceptance. The second major inquiry is, assuming there was a valid contract between Adam and Colin, what are its terms? RULE, PRINCIPLES and RELEVANT CONDUCTS A contract is a legally binding agreement between two or more people which can be oral or written. A contract has six elements including offer and acceptance, consideration, intention to create legal relations, legal capacity and consent (Latimer, 2013). As held in AGC (Advances) Ltd v McWhirter, an offer, as distinguished from an invitation, is made through communicating from one party to another, an invitation for the l......(short extract)
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Details: - Mark: 88% | Course: Contract Law | Year: 1st | Words: 979 | References: Yes | Date written: January, 2014 | Date submitted: February 19, 2014 | Coursework ID: 837
