Sarah's Legal Adviser Essay

Pages: 6 (1904 words)  ·  Bibliography Sources: 15  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Law

SAMPLE EXCERPT . . .

To this end, the procurement of date-stamps and other signifiers from Sarah's voicemail service or cellular phone provider is crucial, because if it can be shown that she was unaware of Barry's tender of

9 Ex-parte Fealey (1897) 18 LR (NSW) L. 282.

acceptance to the purchase without a warranty, there can be no determination of contractual obligation on her part.

When the facts of this case are clearly elucidated, it becomes clear that the only legally enforceable contract entered into by Sarah involves her sale of the laptop for $1,200 to Aiden. After waiting until the end of the week, as per her promise to Barry, Sarah spoke directly to Aiden via telephone, and he tendered an offer to purchase the item above its listed selling price. Furthermore, Aiden never asked for a warranty to be included, providing Sarah with the opportunity to accept his offer effective immediately. When the funds were transferred from Aiden's account to Sarah's on Monday morning, the deal became an executed agreement as per the precedent of certainty established in 196710, and reaffirmed in a 1982 case which preserved the common law precept that courts should act to give primacy to the priority of upholding agreements11.

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In order to find Sarah in breach of a contract with Barry, thus awarding Barry ownership of the laptop in exchange for $1,000, a judge would be forced to nullify the contract rightfully entered into by Sarah and Aiden in order to transfer possession of the property. This action would undoubtedly compel Aiden to file his own suit for breach of contract against Sarah, and when two competing claims of contractual validity are made simultaneously, only that which can prove agreement (phone conversation on Friday between Sarah and Aiden), consideration (transfer of $1,200 into her account), capacity (Aiden's status as a mentally competent adult), and intention (Sarah's immediate acceptance of Aiden's offer) should be enforced.

10 F & G. Sykes (Wessex) Ltd. v Fine Fare Ltd. (1967) 1 Lloyd's Rep 53 at 57.

TOPIC: Essay on Sarah's Legal Adviser Under the Assignment

11 Meehan v Jones (1982) 149 CLR 571 at 589; 42 ALR 463 at 473.

References

Australian Woollen Mills Pty Ltd. v Commonwealth (1954) 92 CLR 424 at 457 per the Full High… [END OF PREVIEW] . . . READ MORE

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Sarah's Legal Adviser.  (2013, April 22).  Retrieved July 28, 2021, from https://www.essaytown.com/subjects/paper/sarah-legal-adviser/1295529

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"Sarah's Legal Adviser."  22 April 2013.  Web.  28 July 2021. <https://www.essaytown.com/subjects/paper/sarah-legal-adviser/1295529>.

Chicago Style

"Sarah's Legal Adviser."  Essaytown.com.  April 22, 2013.  Accessed July 28, 2021.
https://www.essaytown.com/subjects/paper/sarah-legal-adviser/1295529.