Since an offer can only be revoked before an acceptance, Jack was only able to enter into contract with another party if Blair and Chuck had not already accepted the contract.
However, as the letter was posted on the 21st, according to postal acceptance rule, acceptance will be complete when letter is posted, even if acceptance is lost in the post and offeror never receives it, there is a contract on the date of posting. This was developed on the basis that an offeror who is prepared to accept a mailed acceptance should take the risk of loss or delay in the mail.
While Jack may argue that he had not received the offer; the explicit terms were that the acceptance land up at his table (office). Therefore, the agreement entered with the other …show more content…
In New South Wales, the contract becomes void and neither party has any obligation. Dan cannot sue for breach of contract. This is according to the assumption that the university in question is the University of Sydney, New South Wales.
b. In other Australian territories, there is no contract as purchaser has the option to not exercise relevant clause. Here too, Dan cannot sue for breach of contract.
Courts hold oral representations, inducing a written agreement have contractual effect. Between Blair and Chuck, Blair made the offer and Chuck accepted it, either via his signature under ‘Heads of Agreement’ and proposed terms or implied acceptance by acting in accordance with contractual terms - contribute equally to financing and running of the business and equal profits. Therefore, both parties were once, if not still, contractually bound.
The contract involves Blair and Chuck contributing equally to business finances and operations. Since however, Chuck stopped working on anything to do with CourseChamp, there is a blatant total breach of contract. Furthermore, a serious breach of contract (a breach of condition) allows innocent party to treat the contract as discharged as well as conferring a right to damages. Thus, the innocent party (Blair) can choose to terminate the contract and can also sue for damages if she
However, as the letter was posted on the 21st, according to postal acceptance rule, acceptance will be complete when letter is posted, even if acceptance is lost in the post and offeror never receives it, there is a contract on the date of posting. This was developed on the basis that an offeror who is prepared to accept a mailed acceptance should take the risk of loss or delay in the mail.
While Jack may argue that he had not received the offer; the explicit terms were that the acceptance land up at his table (office). Therefore, the agreement entered with the other …show more content…
In New South Wales, the contract becomes void and neither party has any obligation. Dan cannot sue for breach of contract. This is according to the assumption that the university in question is the University of Sydney, New South Wales.
b. In other Australian territories, there is no contract as purchaser has the option to not exercise relevant clause. Here too, Dan cannot sue for breach of contract.
Courts hold oral representations, inducing a written agreement have contractual effect. Between Blair and Chuck, Blair made the offer and Chuck accepted it, either via his signature under ‘Heads of Agreement’ and proposed terms or implied acceptance by acting in accordance with contractual terms - contribute equally to financing and running of the business and equal profits. Therefore, both parties were once, if not still, contractually bound.
The contract involves Blair and Chuck contributing equally to business finances and operations. Since however, Chuck stopped working on anything to do with CourseChamp, there is a blatant total breach of contract. Furthermore, a serious breach of contract (a breach of condition) allows innocent party to treat the contract as discharged as well as conferring a right to damages. Thus, the innocent party (Blair) can choose to terminate the contract and can also sue for damages if she