The significance of civil agreements can vary in today’s society depending upon the diverse circumstances that exist when an agreement takes place. Civil law including civil agreements, deals with disputes between private parties and negligent acts that cause harm to others. To avoid the possibility of private parties committing criminal acts to recover their property, they may claim compensation directly from the wrong doer who is deprived of the benefits of unlawful conduct. (Raff, 2013)1. Civil law also deals with breach of contracts. Contracts are legally binding agreements established between two or more parties and generally require an offer, acceptance, consideration and a mutual intent to be bound. A very important point to consider
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("Clarke, Bruce; Kapnoullas, Steve 2016)2 This, however, should be re examined as it could be unjust if the party who had signed the document has not read and assented to specific conditions and was not aware that the document is a contract. Hence, civil agreements are of benefit to citizens in the society but they can also stem unfair procedures and create injustice.
Civil agreements can include unfair terms or misleading clauses that deceive a party into signing the document. Sir Anthony Mason, former chief Justice of the high court, commented that the party who proffers the document knows or has reason to know that the other party has not read and assented to the specific condition. The case of Le Mans Grand Prix Circuits Pty Ltd v Iliadis [1998] that was heard in Victoria is a primary example of a misleading contract. The plaintiff who was an invited guest attending a promotional function by a local radio station; 3MP, and was asked to sign a form to “register” his name …show more content…
Circumstances of the case include the conditions under which the party who signed the document signed it. Intentions of the parties involved should be taken into consideration and judgments be made accordingly. This consequently would lead to criticism of the outcome of cases such as L’Estrange v Graucob where the law was concerned with objective appearance, rather than actual intention. Hence, regardless of whether the terms of the document have been read or not, the party signing the document it would be bound by it. Judges should also examine the terms of the contract and check if any misleading phrases
("Clarke, Bruce; Kapnoullas, Steve 2016)2 This, however, should be re examined as it could be unjust if the party who had signed the document has not read and assented to specific conditions and was not aware that the document is a contract. Hence, civil agreements are of benefit to citizens in the society but they can also stem unfair procedures and create injustice.
Civil agreements can include unfair terms or misleading clauses that deceive a party into signing the document. Sir Anthony Mason, former chief Justice of the high court, commented that the party who proffers the document knows or has reason to know that the other party has not read and assented to the specific condition. The case of Le Mans Grand Prix Circuits Pty Ltd v Iliadis [1998] that was heard in Victoria is a primary example of a misleading contract. The plaintiff who was an invited guest attending a promotional function by a local radio station; 3MP, and was asked to sign a form to “register” his name …show more content…
Circumstances of the case include the conditions under which the party who signed the document signed it. Intentions of the parties involved should be taken into consideration and judgments be made accordingly. This consequently would lead to criticism of the outcome of cases such as L’Estrange v Graucob where the law was concerned with objective appearance, rather than actual intention. Hence, regardless of whether the terms of the document have been read or not, the party signing the document it would be bound by it. Judges should also examine the terms of the contract and check if any misleading phrases