Transcript
Hi, you're listening to the
Australian Law Student Law in
Four podcast.
Your go to podcast for legal
insights in 4 minutes or less.
I'm Nick Hodgkinson and today
we're starting our fantastic
foray into contract law with a
discussion on agreement.
But first, our obligatory
disclaimer.
The Law in Four is produced by
law students.
For law students, it is not, nor
is it intended to constitute
legal advice.
If you require legal assistance,
you should contact your local
Law Society, who can direct you
appropriately.
For more information on the
Australian law student, visit
our website at the
ozlawstudent.com OK, let's kick
things off with offers.
An offer, as distinguished from
an invitation to treat,
signifies A willingness to enter
into a bargain with the
intention to be bound without
further negotiation on the
terms.
You might like to consider how
the Court applied offer and
acceptance analysis differently
in the cases of shop sales with
Pharmaceutical Society of Great
Britain and ticket cases with
Mcrobertson, Miller Airline
Services.
In determining whether an offer
exists, the reasonable person's
standard comes into play, as
seen in Carlisle and Carbolic
Smokeball Company.
If a reasonable person would
understand the language of the
offer to be sufficiently clear,
sincere, and promissory, then an
offer is likely to be present.
What about rescinding offers?
Well, offers incompletely
accepted can be revoked without
penalty, as observed in Mobil
Oil Australia and Welcome
International.
However, if there is an
ancillary contract not to
revoke, then the unaccepted
contract may remain
unenforceable when a counter
offer comes into play.
The conflict approach implies
that a counter offer rejects or
terminates the original offer.
In Butler Machine Tool Company
and XLO Corp, it's shown that
acceptance occurs when the
offeree signs and returns the
counter offer, indicating their
agreement.
If we shift gears now to
acceptance, acceptance is
defined as an act by the offeree
that indicates their unequivocal
and final assent to the offer.
Silence upon receipt isn't
sufficient to form a contract.
As demonstrated in Felt, House
and Bindley Manifesto, descent
is required for offer and
acceptance.
Acceptance can also take place
via conduct where the offeree
knows the detailed terms,
benefits from the offer, and has
a reasonable opportunity to
project the terms.
As seen in Imperial Holdings and
Mark and Paul Partners,
acceptance by post or electronic
communication varies, with
postal acceptance occurring upon
posting.
Where the postal method is
contemplated by the parties, as
in Hentthorne and Fraser, NSW,
electronic communications are
governed by the Electronic
Transactions Act 2000.
When offer and acceptance are
unclear, we apply the ACID test
per brambles Holdings in
Bathurst City Council.
Mutual assent may be inferred if
a reasonable person in each
party's position sees a
concluded bargain despite the
moment of formation being
indeterminable.
OK, and with that, we've
unpacked the intricate dance of
offer and acceptance.
Understanding these nuances is
key to navigating the legal
landscape of contract law.
Join us next time for more legal
insights on the Australian Law,
Student Law and Four Podcast.
As always, if you have any
suggestions, please e-mail us at
team@theozlawstudent.com or
leave a comment in your review
on Spotify or Apple Podcasts.