Australian contract law problem question Case Study

Australian contract law problem question - Case Study casefulThe suggest may be oral, written or implied from conduct. Offers are of two kinds a specific set up is made to a specific offeree. No one else can accept it. If you propose to make a contract with A, then B cannot substitute himself for A without your consent and to your disadvantage, securing to himself every(prenominal) the benefit of the contract see Pollock, CB, Boulton v Jones (1857)1. A general offer can be accepted by anyone, and usually without prior poster of acceptance Carlill v Carbolic Smoke ball Co. (1893)2. It was found in Carlil that there was an offer made to all the world to ripen into a contract with anybody who comes forward and performs the condition and that as notification of acceptance is required for the benefit of the somebody who makes the offer, the person who makes the offer may dispense with telling to himself if he thinks it desirable to do so. In the given situation, Elaines controversy I lead give that bike to anyone who can fix my neck, was clearly a general offer. However, neither it was shown that Kramer has validly communicated his acceptance to Elaine nor it was shown that the latter has dispensed with the notice of acceptance. Clearly, there was no valid and enforceable contract amid Elaine and Kramer considering that there was no agreement between the parties. However, it can be presentd that acceptance may be make by positive conduct of the offeree as long as the acceptance must be active agent and that there must be some positive act by the offeree Felthouse v Bindley (1862)3. Hence, Kramer may argue that by massaging Elaine, he has communicated his acceptance by positive conduct to Elaine. Furthermore, a valid offer has certain(a) characteristics certainty (a promise to pay an extra 15 or 10 buy another vaulting gymnastic horse if a horse proves lucky to me is too wispy to amount loan offer Guthing v Lynn 1831)4 and intercourse (an offer must b e communicated to the offeree before it can be accepted.) Thus, if a seaman helps to navigate a ship home without informing the owners in advance, he cannot insist on payment, since the owners have not had notice of his offer, and, therefore, no opportunity to accept or reject it Taylor v Laird (1856)5. Thus, in the given situation, the promise I will give that bike to anyone who can fix my neck lacks the requirement of certainty. Such promise is similarly too vague as the promise to pay an extra 15 or 10 buy another horse if a horse proves lucky to me to amount to a loan offer Guthing v Lynn 1831)In some(prenominal) cases, it has been ruled that anterior didactics may not amount to an offer. An invitation to treat which is a teaching that is mean to elicit an offer from someone else has been ruled to have no legal force as the offer it elicits can be accepted or not without obligation Gibson v Manchester City Council (1979).6 Moreover, a statement of the price at which one is prepared to consider a selling a piece of add or any communication of information in the course of negotiations is a mere preliminary statement which were held not to be an offer. In the given situation, it can be argued that Elaines statement was a mere preliminary statement which does not constitute a valid offer. Moreover, another requirement in the creation of a valid and enforceable contract is an intention to create legal relations. In an agreement between friends in a domestic arrangements, there is a presumption