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Sunday, December 29, 2013

Australian Law and Business - case study

File No. 1Background of the case doodly-squat is a hacker device driver and was stationed at the Toowoomba rail line Station for picking up passenger on maiden February 2007. Albert intend to go to the University and got on diddly?s taxi and told diddlysquat to take him to the University. Upon arrival, Albert refused to chip in up Jack. He claimed that there was no suffer between the twain parties due to no affection existed between them. In the following, we would outline the Legal position under(a) the Contract constabulary regarding the above fact and followed by applicable recommendations. Legal position under the Law of ContractFirst, we will boldness into whether there is a valid contract between Jack and Albert. Jack is a taxi driver and he is stationed at the Toowoomba Railway Station for picking up passenger at the material time. As Jack and Albert do not sleep together each other, and Albert did not make any appointment with Jack prior to the ride for pick ings him to the University for free. It was no doubt that Jack is doing business in which he drive passenger to their beseech destination in rally for a certain check of money (the taxi f atomic number 18). To create a contract, there are 4 essential elements which are Intention, Offer, Acceptance and Consideration:-IntentionIt affectionateness that there must be an intention to create statutory relations between both parties.
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For identifying the intention, we need to look into the inferences would a level-headed someone would draw from the conduct of the parties. If a reasonable person would assume that there was no intention by the parties to be bound, then there is no contract. Court would normally deposit 3 types of agr! eement that both parties are not intended to create legal relations. They are Social Agreements, interior(prenominal) Agreements and Voluntary Agreements (Stone 1995). If you requirement to get a full essay, commit it on our website: OrderEssay.net

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