This 11 page paper examines an Australian contract law scenario where a seller has advertised their car for sale and three different potential buyers have tried to make the purchase. The issue is to determine if a contract has been formed, for this, issues such as invitation to treat, offer and acceptance and intention are examined and applied to the different potential buyers. Numerous cases are cited to support the points raised. The bibliography cites 6 sources.
Name of Research Paper File: TS14_TEAUconofferac.rtf
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all appear to have made attempts to do so. Katie requires advice in terms of potential liabilities and to whom she may be required to sell the car. To asses
this we need to look a contract law and the requirements of contract to determine if she has a contract with any of the potential buyers. The first consideration
is to look at the concept of a contract. A contract has been defined by Sir William Anson as "a legally binding agreement made between two or more
parties. By which rights are acquired by one or more acts or forbearances on the part of the other or others" (Barker and Padfield, 2004, p103).
Therefore, a contact needs to have certain requirements before any form of agreement is deemed to be valid and thereby enforceable, there has to be an
offer by one faction or party with an acceptance of the offer by another party, this is known as offer and acceptance. Other components include the intention to form a
contractual relationship and the presence of consideration. To assess the issues each potential buyer will be considered. 2. Freda Katie has posted a advertisement using a social networking site, so
that the advertisement appears on the internet. However, we do not need to look at whether or not his was an offer as Freda did not see the message that
was posted by Katie, Instead, Emily repeated the posting, which means that Freda saw this third hand. As a contract is formed where an offer is made by one
party and that offer is accepted by another it does not appear that there is any potential here for a contract as Freda is not accepting an offer made by