ENGINEERING LAW 202
TUTORIAL ASSIGNMENT 1
SELF-ASSESSMENT FORM
Student name:…………………………………………
Tutor’s name:………………………………………….
Please mark on the scale below how you rank your answer against the following criteria. Fill in the most relevant “O”
Poor Excellent
1.I have identified the correct area of law O O O O ○X
2. I have explained the law, including, where appropriate, relevant precedent cases and/or legislation. (This is the most important step). O O O O ○X
3. I have applied the law sensibly and logically to the facts of the question. O O O O ○X
4. I have drawn possible conclusions. O O O O ○X
Tutor’s comments:
Your assignment mark …../15 Area of law which appropriate for this exact issue …show more content…
Contract will not stand, unless the parties intend to enter into a legal relationship and be legally bound by it. For example Wakeling v Ripley [1951] 51 SR (NSW) 183, Mr Ripley promised to transfer his properties to his sister and her spouse after he died and would provide accommodation there until then. After one year, the parties quarrelled, Mr Ripley sold his house and changed his will. Mr and Mrs Wakeling sued for breach of contract. The court ruled that in the circumstances in this case clearly showed that the parties were serious about their agreement and that they intended it to be legally binding. In contrast, intention with the rule of signature could rebutted the presumption made. The case of Merritt v Merritt [1970] 2 All ER after Mr Merritt and Mrs Merritt divorced. Mrs Merritt agreed to continue to pay for the house until it was fully paid. Mr Merritt would give up his share and transfer full ownership to Mrs Merritt and signed a letter. Due to Mr Merritt later changed his mind, Mrs Merritt commenced the case into a legal action. Due to the signed letter between the parties, the court considered the agreement to transfer the house was a legally enforceable although the relationship breakdown between, the parties did in fact intended their agreement to be legally …show more content…
This is usually very difficult as agreements binding is the basis of all business. For example the case on Rose & Frank v Crompton (JR) & Bros Ltd [1925] as both parties established an agreement with no formal nor legal foundation. A dispute arose some time later which was examined by the court which subsequently held that the arrangement was binding only in honour and unintended to create legal relations.
An agreement is a binding agreement involves a ‘meeting of the mind’ (consensus ad idem); a contract could be accomplished by the acceptance. Offer may defined as a final statement or proposal by the offeror to the offeree. Statement or proposal is generally based on certain terms and follows a process of negotiation between the parties; an offer only could stand when the terms are finalized between offeror and offeree and the offer could only be legally bound when both parties accepted (Monahan 2001, 5).
Consideration is one of the essential element of contract formation. It based of barter system with the same principle of “something for something”. For the promise will be legally enforceable, it requires a price be paid for a promise (Khoury and Yamouni
TUTORIAL ASSIGNMENT 1
SELF-ASSESSMENT FORM
Student name:…………………………………………
Tutor’s name:………………………………………….
Please mark on the scale below how you rank your answer against the following criteria. Fill in the most relevant “O”
Poor Excellent
1.I have identified the correct area of law O O O O ○X
2. I have explained the law, including, where appropriate, relevant precedent cases and/or legislation. (This is the most important step). O O O O ○X
3. I have applied the law sensibly and logically to the facts of the question. O O O O ○X
4. I have drawn possible conclusions. O O O O ○X
Tutor’s comments:
Your assignment mark …../15 Area of law which appropriate for this exact issue …show more content…
Contract will not stand, unless the parties intend to enter into a legal relationship and be legally bound by it. For example Wakeling v Ripley [1951] 51 SR (NSW) 183, Mr Ripley promised to transfer his properties to his sister and her spouse after he died and would provide accommodation there until then. After one year, the parties quarrelled, Mr Ripley sold his house and changed his will. Mr and Mrs Wakeling sued for breach of contract. The court ruled that in the circumstances in this case clearly showed that the parties were serious about their agreement and that they intended it to be legally binding. In contrast, intention with the rule of signature could rebutted the presumption made. The case of Merritt v Merritt [1970] 2 All ER after Mr Merritt and Mrs Merritt divorced. Mrs Merritt agreed to continue to pay for the house until it was fully paid. Mr Merritt would give up his share and transfer full ownership to Mrs Merritt and signed a letter. Due to Mr Merritt later changed his mind, Mrs Merritt commenced the case into a legal action. Due to the signed letter between the parties, the court considered the agreement to transfer the house was a legally enforceable although the relationship breakdown between, the parties did in fact intended their agreement to be legally …show more content…
This is usually very difficult as agreements binding is the basis of all business. For example the case on Rose & Frank v Crompton (JR) & Bros Ltd [1925] as both parties established an agreement with no formal nor legal foundation. A dispute arose some time later which was examined by the court which subsequently held that the arrangement was binding only in honour and unintended to create legal relations.
An agreement is a binding agreement involves a ‘meeting of the mind’ (consensus ad idem); a contract could be accomplished by the acceptance. Offer may defined as a final statement or proposal by the offeror to the offeree. Statement or proposal is generally based on certain terms and follows a process of negotiation between the parties; an offer only could stand when the terms are finalized between offeror and offeree and the offer could only be legally bound when both parties accepted (Monahan 2001, 5).
Consideration is one of the essential element of contract formation. It based of barter system with the same principle of “something for something”. For the promise will be legally enforceable, it requires a price be paid for a promise (Khoury and Yamouni