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Friday, April 12, 2013

Advise John and Sylvia whether they have any legal claim against Peter.

IntroductionIn regularise to determine whether yettocks and Sylvia have any juristic claim a slayst lance, we have to determine whether there was a legal contract between the parties and whether beam was in breach of the contract. To get an effective contract, there must be an agreement with considerateness and legal intention.

Was there an tour made & who was the offeree?Yes, indeed, Peter had made an offer to John by writing to him(1). As in the case Carlill v Carbolic Smoke Ball social club (The classic authority for unilateral contract)(2), where Mrs Carlill bought and used the smoke clod as specified in the advertisement, the company made a promise in the advertisement to pay and it had deposited some cash at the Alliance bank to show its seriousness- unlikely to be a puff.(2) In this case we can establish that Peter had made a promise. To show that he is serious some the offer, (not just a pitiful father trying to gain attention) he sent to John and Sylvia a copy of his go out showing that his entire estate will go to John and Sylvia after his death.

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Since the offer ?to give John and Sylvia a stead in Melbourne and his entire estate when he died? was made by Peter (promisor/ offeror) to reward John (the offeree) for his performance of the requirement to support Peter run the house and the estate agency, this is a unilateral contract.

?A unilateral ( colorful) contract occurs when one party makes a promise of ?reward? on performance of some action. The offer is accepted by the performance of the requested action. The contract is one-sided because the offeror is required to pay the reward if the act is performed but no one is legally obliged to perform, or plane attempt, the act.?-a text book...

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