Johnny And Marie Case Summary

Improved Essays
: Does a contract exist between Johnny and Marie?
Law: In accordance with the general principles of contract law, a contract is a legally enforceable agreement between two or more people. For a contract to establish, there must be a/an:
• Agreement between the parties.
- One person (offeror) makes an offer.
- The other person (offeree) accepts offer.
- Offeree communicates acceptance to the offeror.
• Intention of forming legal relations between the parties.
- an agreement is not intended to be legally enforceable if formed in a domestic or social context but presumed to be legally enforceable if created in a business or commercial setting.
• Consideration provided by each party, that is, each party makes promise or pays a price. Considerations include:
- undertaking of one arduous duty,
- abstaining from doing something,
- provision of goods,
- provision of services,
- payment of money,
- promise to do any of the above.
…show more content…
This indicates that he was articulating his readiness to promptly form a contract with Marie, in which Marie was the offeree and Johnny was the offeror. Additionally, the other person accepted the offer; Marie accepted (offeree) the offer for Quotation A and did this without qualification meaning that Marie did not alter the terms of the offer in any way. Also, the offeree communicated acceptance to the offeror; Marie confirmed the quoted price, and made the booking through a telephone call. As decided in Powell V lee (1908) 24 TLR 606, an agreement is not established unless the offeree has communicated acceptance to the offeror. This acceptance is valid because Johnny did not stipulate the channel in which acceptance must be

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