Law Sample of Essay Plan

Introduction * The 6 essential elements to body a sire is notch, credenza, consideration, intention to work wakeless bound, capacity to contract and legality of promise. * An credence of an offer will perform an agreement. * However, not all in all agreements are recognized as contracts. * Agreements with no intention to create legal obligations will not create a contract. * In order to create blinding agreement acceptance essential be final and unconditional. embody dissever 1 * Acceptance is a clear and undoubted assent to the offer and all of its terms. * The law regard as acceptance when the offeree recognized the offerers offer. Not acceptance is when one party disputes whether the other accepted the offer. * Acceptance is important because acceptance will lead to agreement to be formed and contract will comes into existence. Paragraph 2 * 4 determine in acceptance which are, acceptance must be clear and undoubted, offerer requirements must be met, acceptance in reliance upon the offer and acceptance must be communicated. * Mirror image rule is the rule of contracts that prohibits an offeree from ever-changing the terms of that offer * The alteration in terms of the offer by the acceptance voided the agreement and at that place will no contract exists. The principle of the mirror image rule is to ensure the acceptance is final and suddenly unconditional so that blinding contract can be done. Paragraph 3 * Conditional or qualified acceptance is as keen-sighted as the conditions are not satisfied, an acceptance give undetermined to a condition will not operate * A conditional acceptance is not a blinding agreement due to acceptance must be final and absolutely unconditional. * This type of acceptance operates as a counter offer, therefore this will destroy the first offer. The purpose of inserting subject to contract means parties does not want to be bound by the contract until it become the written contract. * This will affect enforceab ility due to the conditions were not been satisfied. Paragraph 4 * I) Masters v Cameron * II) S forbiddener v Shyamba Pty Ltd * III) First perform of Christ, Scientist , Brisbane as trustee under instrument 7020202154 v Ormile Trading Pty Ltd * IV) Teviot Downs landed estate Pty Ltd & Anor v MTAA Superannuation Fund (Flagstone Cheek and Spring Mountain Park) space Pty Limited * V) Redowood Pty Ltd v Mongoose Pty Ltd VI) Australian Woollen Mills Pty Ltd v The earth * VII) Godecke v Kirwan * VIII) Niesmann v Collingridge * The past case terminations have shown clear guidelines on what is conditional acceptance Conclusion * Acceptance can occur when there is exist of an offer and through acceptance, blinding agreement will be made. * I agree that blinding agreement can be create through final and absolutely acceptance. * This is to ensure that both parties will not make any loses and prevent injustice to occur. The past case decision can be used due to its accuracy that given out fair and justice to the both parties. (506 Words) Bibliography Book 1) David Parker and Gerald Box, concern Law For Business Student 2011 (Lawbook Co, 1st ed, 2011) 2) Stephen Graw, An Introduction to the law of Contract (LBC Information Services, tertiary ed,1998). Case Law 1) Australian Woollen Mills Pty Ltd v The res publica (1955) 93 CLR 546 (Privy Council) 2) Redowood Pty Ltd v Mongoose Pty Ltd 2005 NSWCA 32 (Spigelman CJ, Tobias JA and Bryson JA)