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Given name
Hui Leen
Surname
Lau
Student number
17620987
7E3A1662@student.curtin.edu.my
Unit name
Business Law 100
Unit code
11011
Assignment title
Assignment Two
Date submitted
5 MAY 2014
Student‟s comment to tutor
Mr. Ariffin is a good lecturer. He assists us when we have any problem. Marker’s comments
Recorded mark
Marker
Comments
Question 1:
Using the four step process, discuss the element of agreement required for the formation of a legally binding contract between James and Mark.
Step 1:
The legal issue is the element of agreement which is required for the formation of a legally binding contract between James and Mark.
Step 2:
There are three major requirements to form a legally enforceable contract which are agreement, intention and consideration. The element that requires discussing here is the element of agreement.
Both offer and acceptance must contain in an agreement. Offer is defined as the statement that indicates willingness to contract. An offer must be sufficiently complete.
Besides, a contract should outline the basic aspects of the offer (Duperouzel 2014).
An offer of the agreement must be promissory. The agreement must be written in proper way which can inform the offeror‟s willingness to fulfill the terms of the offer if it is admitted (Duperouzel 2014). The case of Harvey v Facey [1893] AC 552 has shown the characteristic as a request for information and also the supply of information. In the case, a telegram which asked for the willingness to sell the Bumper Hall Pen was sent by Harvey to Facey. Harvey also requested that Facey to send a telegram with the answer of lowest cash price. Facey then reply a telegram stated the lowest price of
Bumper Hall Pen is £900.