New South Wales Supreme Court - Hall Partners Pty - Article Example

Question 1 1. The court involved in the case was New South Wales Supreme Court. The jurisdiction which heard the case is Equity Division. The judgment date was 3rd August 2007. The justice involved in the decision was Rein A J who passed the judgment. 2. The case relates to a contract for sale of goods taking place over the internet. A party had registered a sale of an aircraft for $150,000 over eBay and another party had purchased the same by bidding for it. The sale was made and an argument rose whether the procedure and sale done over eBay was an auction or not. The case also states whether a promissory contract was entered into and the reasonable term of payment for the same contract to be executed. 3. The Plaintiff for the case was Hall Partners Pty Ltd. The defendant for the case was Timothy Hemsley & Associates. The hearing date for the case was 27th July 2007 and August 1 2007. 4. The Counsel for the Plaintiff was B Kasep and the Counsel for the Defendant was D M Loewenstein. The solicitor for Plaintiff was Hall Partners Pty Ltd and the solicitor for Defendant was Timothy Hemsley & Associates. 5. The outcome of the case was that Hall Partners Pty Ltd and Timothy Hemsley & Associates had entered into a contract through an auction Internet Site eBay and the contract was a legal binding on both the parties. The court stated that while entering into an agreement both the parties i.e. Hall Partners Pty Ltd and Timothy Hemsley & Associates has clicked on a button which showed the rules and conditions being applied by eBay. The rules stated in that click states that both the parties has agreed to fulfill the contract as the terms of the contact were fully met by the bidder and the other party. This evidence made the court state that the contact entered into by both the parties was a contractual agreement and needs to be satisfied. To ensure that the contractual agreement was binding the court ordered a specific enforcement which made Smythe have entitlement of the airplane in return for a payment. Question 2 1. A. The four examples of private law are as follows Negligence: for example a duty of a person to take care of another person has not been done and breached Nucience: for example where the other party creates such an environment that people around him cannot live a peaceful life Defamation: for example where one party tries to defame the name of other by spreading a wrong message Trespass: for example where the other parties tries to use the property or things belonging to other without their mutual support. B. The four example of public law are as follows Right to education for all irrespective of the status in the society Right to speak and present their thought Right to information which can affect the decision making of a particular group Right to choose and worship any religion 2. A. The burden of proof is defined as a mechanism where the one of the party that has entered into the case has to proof that the version of his facts are true in all respect (Burden of Proof, 2011) The burden of proof in case of civil matters relate to property rights, injuries and other small acts. In this cases the plaintiff has to carry the burden of proof and demonstrate the fact that his version of facts in true in response to the other party (Burden of Proof, 2011). The burden of proof in case of criminal matter is much difficult when compared to civil matters as in this case the burden of proof lies with the prosecution and he has to prove that the his matter of fact is true and free from all doubts to ensure victory (Burden of Proof, 2011). B. Equitable remedies are the judicial remedies which are provided and granted by the courts of equity. Courts while presenting or taking about equitable remedies refer to injunctions or specific remedies. Injunctions is referred to as an order which makes something mandatory and the person has to do so or prohibitory which restricts a person from doing something and is considered as an equitable remedy. Specific remedies are binding and make a party perform certain act as per the rules and guidance or order provided by law. For example, to sell a particular plot of land 3. A. Invitation to treat is a term which is used when a party is willing to engage into a negotiation process and is willing to come to a conclusion through the negotiation process. An example of an invitation to treat is tender. B. An agreement according to the contract law is a legal agreement which binds the parties to fulfill the obligations as mentioned in the contract. This agreement can be formed either orally or can we written down. The agreement in the contract law prescribes the remedy in case of a breach of law and the person who has breached the law might pays for the damages as mentioned in the contract. An agreement in a contract law is thus a legal binding which has to be followed by both the parties. 4. A. A formal contract is a type of contract which binds the parties entering into a contract as a particular mode of expression is used. In a formal contact a seal is used under which the parties sign there by making them a legal binding to the agreement that has been entered into (Formal Contract, 2011). An example in this direction is promissory notes B. A simple contract is an agreement between two or more parties to fulfill a certain obligation. It is mutually understood and an agreement is signed to ensure that the contract is fulfilled. For example, a contact with the painter to paint the shop which includes the color, area and other specifications 5. A. The difference between unilateral and bilateral agreement is that in a bilateral agreement both the parties give their mutual understanding and are obligated by law to act in case the other party reciprocates the contract. In this case both the parties act as a promisor and promisee. Since, this type of contract is a reciprocal contract and both the parties are involved in it; it is called a bilateral agreement (Contracts, 2011). In case of a unilateral agreement one party agrees to pay the other party when the party receives the performance as mentioned in the contract. Since, this agreement involves a promise by one party to act on behalf of the other party it is termed as a unilateral contract (Contracts, 2011). B. A peppercorn consideration states that a contract is not deemed to be a good consideration if the contract has been entered into such a way that there is no monetary or non-monetary consideration involved in it. In such a situation the contract is not considered as a good consideration that has been entered into by the promissory. A case in this direction is the Chappell & Co Ltd v. Nestle Co Ltd (1960) Question 3 1. The legal issue in this case is that the elderly man had entered into a verbal contract with his son and daughter that if they come and live with him he will give them his house. His children agree to the verbal contract and after disposing of their houses come and live with their father. The father then breaches the verbal contract as he states that he would not give them his house and it is a breach of the verbal contract that both the parties had agreed into. 2. The contract law case applies here as both the parties entered into a verbal contract where one party had agreed to give a consideration when the purpose stated in the verbal agreement is achieved. 3. The presumption of the case are as follows Both the parties have mutually agreed to fulfill their part of the duties while entering into the contract The verbal contract has been entered in utmost faith and with no undue pressure from any sources While entering into a verbal agreement both the parties were not under any sort of pressure or under the influence of drug Both the parties have trust on each other and agree to the fact that the agreement will be completed in all respect. 4. In the above case since a verbal agreement had been entered into between the father and his children and the father had breached the contract so the jury should give the decision in favor of his children. Some of the reasons which could make the jury arrive at such a decision is that The children had left their homes and had come to live with the father on the premise that they will be given the home The children had utmost faith in the contract but his father had breached the contract and is legally binded to perform the obligations entered into the contract. The children had fulfilled their part of the agreement and the remaining part of the verbal agreement needs to be fulfilled by the father The children had taken all the pain and completed their part of the contract for the consideration which is the house. This makes it important that the father honors the same and completes the contract. 5. The outcome of the above scenario could be different in the following situations If the father could prove that no such verbal agreement has been entered into as there is no proof of a verbal agreement If the father states that an agreement has been entered but the consideration was something different than stated by his children If the father uses other law like property law and refuses to give the house to his children as it belongs to him References Burden of Proof. Burden of Proof. 2011. Retrieved on August 22, 2011 from http://www.criminal-law-lawyer-source.com/terms/burden-proof.html Contracts. The Law Library. 2011. Retrieved on August 22, 2011 from http://www.lectlaw.com/files/bul02.htm Formal Contracts. Formal Contracts. 2011. Retrieved on August 22, 2011 from http://homepage.gallaudet.edu/marshall.wick/bus447/formal.html Read More