this same order as above. There will be no direct question on case law but the following cases will help you to understand the legal rules in some of the questions * Pharmaceutical Society v Boots * Carlill v Carbolic Smoke Ball Company * Hyde v Wrench * Eastwood v Kenyon * Hadley v Baxendale (Examples of questions in a previous test) LA TROBE UNIVERSITY SCHOOL OF LAW BUSINESS LAW (LST2BSL) CLASS TEST (20%) Time allowed: 60 minutes ( 10 minutes reading time
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1.0 Introduction: Law: Laws are present in this world for solely one reason that is to keep order and protect the people from harm ways. Each and every step that we take in the outside world is somehow governed by law For Example, purchasing a new apartment or starting a new business. Contract Law: it can be stated as “the body of law that administrates oral and written agreements associated with exchange of goods, money and property.’’ A contract law includes certain other aspects such as
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made in writing, orally or conduct (Carlill v Carbolic Smoke Ball Company). Secondly, whether there is a legal contract if the parties intend their agreement to be legally binding, it bases on the presumption that in commercial or business agreements parties did intend to create legal relation (Edwards v Skywards Ltd [1964] 1 WLR 349). Thirdly, whether the party pays something for value (consideration) in return to have the promise from another party (Cooulls v Bagot's Executor and Trustee Co Ltd
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i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the
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Case law: A Newspaper advert placed by the defendant stated: £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the influenza after having used the ball three times daily for two weeks according to the printed directions supplied with each ball... £1000 is deposited with the Alliance Bank, showing our sincerity in the matter. Mrs. Carlill purchased some smoke balls and used them according to the directions and
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advertisements are clearly made with the intention of being legally bound as no further bargaining is expected. For example Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 The company advertised that it would give $100 to anyone who caught ‘flu’ having used their product as directed and that to show sincerity, $1000 had been deposited at its bank. Mrs Carlill bought the ball, sniffed it as directed and later caught ‘flu’. She sued for the $100 and won. The company pleaded a variety of defences, amongst
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nature: do not intent to create legal relation Balfour v Balfour (1912) husband n wife diff region(do not intent to legally bound), Wakeling v Ripely (1951) do have intent to legally bound, in reliance on the promise & serious consequences & evidence regarding parties intention.Commercial nature: intend to create legal relations: Edwards v Skyways Ltd(1964)(Employees & Company)(agreement was commercial, have intention) Carlill v Carbolic Smoke Ball Co( 1893)(Advertisement)(claim have money in bank and
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1. Invitation to Treat v. Offer to the World at Large A contract may be defined as ‘a promise or set of promises which the law will enforce’ or as ‘an agreement giving rise to obligations which are enforced or recognized by law’ . An ‘offer’ is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed . An offer may be addressed either to an individual
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In the case of Woodward v Johnston [1992] 2 Qd R 214 during which Mrs Woodward agreed to help her husband do work establish a gravel supply business in return for 10% of the business. For 1 year and 6 months, she did tons of work, mostly on weekends. Her husband gained profit
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* Price v Easton (1833) 4 B & Ad 433 * Coulls v Bagot's Executor & Trustee Co Ltd (1967) 119 CLR 460 Price v Easton 1. Original debt owed by builder to Mr Price. But the builder cannot pay 2. Mr Easton makes a promise to the builder that he will pay the builder’s debt to Price if the builder does some work for Easton 3. Builder does the work for Easton, but Easton does not pay Price. Price sues Easton to enforce promise Easton made to the builder Coulls v Bagot's
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