Tallerman & Co Pty Ltd v Nathan’s Merchandise (Vic) Pty Ltd (1957) 98 CLR 93 PART I Summary of Facts The dispute occurred in Victoria between a registered company‚ Tallerman & Co Pty Ltd ("the plaintiff") and an incorporated company‚ Nathan’s Merchandise Pty Ltd. ("the defendant)‚ where both parties operated their business. Two previous binding contracts (orders No. 58 and No. M57) were made in communications on 14th May 1951 and 2nd August 1951 respectively‚ each for the sale by the plaintiff
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ACCT90015 Legal Issues for Accountants Week 4 This Week Page Title / heading goes here Topics • What is a contract • Formation of a contract • Equitable estoppel Contract Page Title / heading goes here Meaning • An agreement that the law recognises as a contract Formation of a Contract Page Title / heading goes here Requirements • Offer • Acceptance • Consideration • Certainty of terms • Intention to create legal relations • Formalities Offer Page Title /
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(a) Dylan was shopping at Quills Department Store when he slipped on the highly polished floor and broke his leg. As a result he was out of work for four months and he incurred considerable medical expenses. His leg did not heal quickly or completely because of a hereditary bone defect which he suffered. Hence he had to take on lighter work‚ which did not pay as well as his former employment. i) What legal action is available to Dylan against the proprietor of the store‚ or the cleaner or the
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Contract = an agreement between two or more persons which will be enforced by a court of law *Action for breach of contract is part of common (judge-made) law *Essence of contract law is to protect the bargain bw 2 parties *Must not engage in conduct that is misleading‚ unconscionable and unfair. 1. Formal contracts Contracts of record (court records) Contracts under seal (ie deeds‚ gratuitous comments) 2. Simple contracts In writing Evidenced in writing No requirements SIMPLE ROADMAP Intention
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A valid contract consists of all essential components which present and the court will enforce as a legally binding promise . One of the elements contract to create a contract is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer‚ made in the manner specified or indicated by the offeror” . Acceptance may be express orally‚ in writing‚ occasionally‚ or even by implied from the offeree’s conduct. In communication of acceptance‚
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The Effectiveness of Acceptances Communicated by Electronic Means‚ or — Does the Postal Acceptance Rule Apply to Email? Eliza Mik* The ‘traditional’ classification into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous‚ the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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This page intentionally left blank An Introduction to English Sentence Structure This outstanding resource for students offers a step-by-step‚ practical introduction to English syntax and syntactic principles‚ as developed by Chomsky over the past 15 years. Assuming little or no prior background in syntax‚ Andrew Radford outlines the core concepts and how they can be used to describe various aspects of English sentence structure. This is an abridged version of Radford’s major new textbook Analysing
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Classification of Contracts (7 – 1.30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise – one promise for another (a promisee’s promise in return for the promisor’s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108‚ Lord Diplock Unilateral Contract:
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This page intentionally left blank Introducing Second Language Acquisition Written for students encountering the topic for the first time‚ this is a clear and practical introduction to Second Language Acquisition (SLA). It explains in nontechnical language how a second language is acquired; what the second language learner needs to know; and why some learners are more successful than others. The textbook introduces in a step-by-step fashion a range of fundamental concepts – such as SLA in adults
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