Mas by Agamata Ch.14 (2007 Ed)

This is the advice provided to Philip in regards to whether he extremitys to support bloody shame, his daughter, financially and whether he must leave his assets to Mary when he dies. This give be discussed in relation to the pact that that was arranged amongst these ii parties. Common Law The first thing we need to visualize is whether at that place was an enforceable and valid shoot. The elements that determine the validity of a signal include agreement, consideration and single-valued function to create legal dealing and these will be reviewed in conjunction with the facts of the arising issue. beseech and acceptance volunteer and acceptance was communicated in the form of expression, where Philip (offeror) wrote to Mary (offeree) in the suggest of making an offer. Philip had an opportunity to revoke the offer sooner Mary had accepted it moreover she wrote back accepting the offer, thus forming an agreement via consensus ad idem . The Offer and accepta nce between both parties was communicated instead clearly as some time elapsed before Mary travelled to Australia as a result of her acceptance. In Rose and brusk Co v JR Crompton & Bros Ltd the rule was stipulated by Atkin LJ that To create a distil at that place must be a common use of the parties to enter into legal obligations, in indemnity communicated expressly or impliedly.

An objective test needs to be applied to determine whether an offer is made and accepted; if a reasonable person who reads the contract or hears conversation relating to the contract determines whether an offer has been made an d accepted. The statement was set out by Smi! th v Hughes where the plaintiff agreed to buying oats, the defendant thought he meant new oats while the Plaintiff soundless old oats. The appeal was Held that objective interpretation of peoples conduct should be observed when entering a contract also there was no meeting of the minds therefore no contract. Consideration and intention to create legal relations For an agreement to be...

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