Mary v Phillip Case

This is the advice provided to Philip in regards to whether he fatalitys to support bloody shame, his daughter, financially and whether he must leave his assets to bloody shame when he dies. This impart be discussed in relation to the accordance that that was arranged betwixt these two parties. Common Law The first thing we need to dress is whether in that respect was an enforceable and valid promise. The elements that determine the validity of a embrace include agreement, consideration and coating to induce legal traffic and these will be reviewed in conjunction with the facts of the arising issue. snap and acceptance Offer and acceptance was communicated in the form of expression, where Philip (offeror) wrote to Mary (offeree) in the persona of making an offer. Philip had an luck to revoke the offer in advance Mary had judge it but she wrote back accepting the offer, thus forming an agreement via consensus ad idem . The Offer and acceptance between both parties was communicated preferably all the way as some time elapsed before Mary travelled to Australia as a result of her acceptance. In flush and Frank Co v JR Crompton & Bros Ltd the rule was stipulated by Atkin LJ that To create a contract in that location must be a common purpose of the parties to enter into legal obligations, inversely communicated expressly or impliedly.

An objective test needs to be applied to determine whether an offer is made and accepted; if a reasonable person who reads the contract or hears conversation relating to the contract determines whether an offer has been made and accepted. The statement was set out by Smith! v Hughes where the plaintiff agreed to buying oats, the rum thought he meant new oats while the Plaintiff mama old oats. The appeal was Held that objective interpretation of peoples conduct should be observed when entering a contract also at that place was no meeting of the minds therefore no contract. Consideration and intention to create legal relations For an agreement to be...If you want to prevail a full essay, order it on our website: OrderCustomPaper.com

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