labour, advantage or any benefit sustained by the plaintiff.
Conclusion: A contract exists between Johnny and Marie.
Issue: Is there a mistake and what kind of mistake?
Law: in accordance with the general principles of contract law, a contract can be void if the mistake is a:
Unilateral mistake: a one-side mistake that occurs when the:
- Mistake is made by one party.
- Mistake is linked to an important part of the contract.
- Other party has sought to capitalise on the mistake.
Common mistake: established by both parties where the:
- Agreement between the parties is contingent upon the truth of a belief held by both parties.
- Belief at the time the agreement was established, was incorrect.
Mutual mistake: there is no meeting of minds yet parties believe they have formed an agreement. It occurs when:
- The agreement between the parties is contingent upon the truth of a belief held by each party.
- Each party holds a dissimilar belief.
Application: Unilateral mistake:
• One party has made a mistake because Steven mistakenly asked the office staff to send ‘Quotation A’.
• His mistake is linked to an important part of the contract and that being the type of Quotation.
• The other party has attempted to capitalise on the mistake; Marie sought to enforce the contract when Steven realised his mistake by asserting that a contract exists and the restaurant must deliver under the law. As decided in Taylor v Johnson (1983) 151 CLR 422, a unilateral mistake exists…
Offer is the first step if you want to constitute a contract. Without offer there is no acceptance and without acceptance there is no contract. There are two main types of offers, which are, the bilateral offer and the unilateral offer. A bilateral offer is an offer given to a specific audience and it targets a specific group or party. While, on the other hand, a unilateral offer is an offer proposed to the public in general and is accepted through conduct or performance. From a…
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Yes, this is an enforceable contract. Postal rule is one of the rules of contract law that makes an exception to the general rule that an acceptance can only occur when communicated directly to the offeror. This is considered a legal binding contract as the acceptance match with the offer. It is an enforceable contract due to reasons mentioned below.
4 elements of a contract
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This essay will define promissory estoppel within English Law. Promissory Estoppel is defined within English Law as a principle of justice, and can also be referred to in earlier cases as ‘equitable estoppel’ . This means that a promise made can be enforceable by law, even if there hasn’t been a formal consideration, meaning that it is a legally binding contract. Promissory Estoppel falls under contract law and has enabled legal obligations, meaning a person who has entered in to a contract…
complete this work by March 2013. In breach of the expressly agreed period, the work remained incomplete at the end of March 2013. In fact, after a year of the contract the work was still not complete. The following year on the month of April, Mr Garae engaged another consulting engineer who redesigned the road and drainage layout and submitted it to council for approval. Two days later the approval was obtained. LNPL initially commenced proceedings to recover $3500, in addition to the $20,000…