Private Law And Civil Law: What Is A Contract In Australian Law?

2053 words - 9 pages

INTRODUCTION
According to the case study, Nathan had newly arrived in the country and holds a refugee visa. He wasn’t aware of what a contract is and the main general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract. Furthermore Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to understand clearly what he was offering to him. In order to reach the conclusion and sort out the legal ...view middle of the document...

As Nathan went into the contract with Dubious Connections Pty Ltd, He was not fully aware of what a contract is and how should he keep a Contract to attain its benefit. Although most of the contracts are done verbally but there are some requirements of how should a contract be maintain valid in which the most important two are Firstly there should be acceptance of offer by both the parties and secondly there must be something in exchange like the goods, services or promise. Here, the question arises that does a contract needs to be written? Written agreement of the Contract is a wise decision to made, some of the state laws requires written agreement of contract for certain dealings. So outlining the legal issue for the case under the Australian common Law indicates that there was no intention to create legal intention. But there was an Offer and acceptance too in the case but looking at the rules of offers which states in the case (R v Clarke). It must be communicated to the offeree. There was no consideration either taken place between both the parties so that would make the contract more Appropriate. Its also not mentioned anywhere about the age of Nathan that means he can be a Minor too which means under 18, it can also make the contract go void. It can be an fraudulent misrepresentation as John knew that Nathan was not understanding his offer and may be John tried to Deceive him intentionally. A contract inducted by fraud is voidable at the action of the innocent party as it was in (Derry viper) (1889). Apart from the Contract Law there was also negligence involved in the case as John owns a Duty of care towards the society and the customers he entertain. Negligence can also make some contracts vulnerable as far considering some certain terms that are ; the plaintiff was reliant on the defendant or does the defiant in a controlling position. ? Furthermore the law of negligence misstatement can be applied which states that A statement of fact, advice or opinion made in business that is relied upon by another but which is inaccurate or misleading. There is no clear evidence of Tort law in the case but negligence can be defined under the heading of Tort Law which is completely different from Contract law.





 Legal Consciousness and Cases 

Moreover, Defining the concerns that may cause according to the legal principles which states the contract Law are not Genuine agreements because of misrepresentation or maybe mistake, it can even be the person with low mental level or less suitable knowledge of the system. The types which define this principle in subordinates are fraudulent,Innocent which can be appropriate for this case. As Nathan can be both of them in that case, referring to the case of Solle v Butcher [1950] kb671
‘Butcher leased a flat to sole for seven years at a fixed annual rental of $250 per annum,After occupying the flat for two years, it was discovered that the maximum rent payable for the flat for rent restrictions...

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