澳洲论文代写-普通法下的法律合同要求

澳洲论文代写-普通法下的法律合同要求。法律合同的要求见于英国普通法，为了从法律意义上考虑合同，有一些基本要素是必须的。普通法下的考虑不仅仅是一个承诺。它的意思是有价值的东西被许诺了。法律要求合同必须有足够的考虑(Allen & Overy, 2016)。承诺人必须提供对价，而对价是对承诺的回报。除了这些因素外，还需要合同意向的要求。在商业交易中，订立法律合同的意图必须明确。除此之外，还有合同违约条款，以及在合同形成过程中可能添加的其他客户条款(Allen & Overy, 2016)。但是，最基本的是上面指定的基本元素。

The requirements for a legal contract are found in the English common law. There are some basic elements that are required in order for the contract to be considered in the legal sense. The first of them is the offer. Stover v Manchester City Council [1974] 1 WLR 1403 clarified what an offer is, it is the expression of willingness made on some specified terms to enter into a contract if it is accepted by a person to whom it is addressed (Contractual agreement, 2016). Offer need not be addressed to a single person, it could be addressed to a group of persons or the public in general. Offers cannot be an invitation to treat such as that of the advertisements in the case of Partridge v Crittenden [1968] 1 WLR 1204. In the case of Carlill v Carbolic Smoke Ball Company [1893] 2 QB 256 what can constitute and invitation to treat and what constitute an offer has been clearly explained. A medical firm has advertised for a new drug which it called the carbolic smoke ball. The advertisement promised the users that the smoke ball would cure them of their flue and if the user was not sure of the flu then the people who used the smoke ball would be given a £100. However, when people asked for the money when they were not cured then Carbolic refused and were sued. Carbolic stated that they had merely made an invitation and not an offer. The court however analyzed the case and determined that the advertisers had shown a clear intention to enter into an offer because of some wordings in the advertisement and hence was bound to their offer. The second main element is that of the acceptance (Contractual agreement, 2016). Only the acceptance creates the legal effect of the contract. The acceptance also has to be communicated. Unless otherwise stated explicitly that acceptance has to be communicated via a postal rule or some other means any form of instantaneous communication of acceptance would also work as seen in the case of Entores v Miles Far East Corp [1955] 2 QB 327. An offer need not always be accepted. The case Hyde v Wrency [1840] 3 Beav 334 set the case for offer rejection by means of a counter offer. The counter offer here would be a change of the original offer. The law makes a very clear difference between what constitutes a counter offer and what constitutes a simple query on more information before acceptance.

The law is not developed in vacuum. At times when a law is stated or a case judgment is given it will be appropriate for a case, however it might not be suitable for all cases. In the case of the offer and acceptance elements as is needed in order for a contract to be formed it has been established that an acceptance must be clearly stated and that silence cannot be taken to mean acceptance. Felthouse v Bindley (1862) the holding was that silence will not be taken to be an acceptance. Felthouse was a builder who wanted to buy a horse from his nephew. After some discussions with his nephew on the horse, the uncle replied back saying the horse was his at a particular rate in case he did not hear back from the nephew. Since the nephew was busy he did not reply, when he was sued the court ruled that an acceptance has to be communicated clearly and that silence cannot be accepted. Hence by this case it was understood that acceptance cannot be inferred from conduct. However, a latter case indicated that conduct could also be used to infer acceptance where necessary. Brogden v Metropolitan Railway Company (1876–77) L.R. 2 App. Cas. 666. Brogden supplied the Metropolitan company with coals. He wanted to enter into a contract with the company. Agents met up to drawn the contract and terms of agreement was sent to Brogden to have a look at and then accept. Brogden later claimed there was not contract. Here the court held that Brogden could not claim that the contract did not exist because his conduct of looking over the agreement (even if it was in a partial manner) and fulfilling the clauses in the agreement indicated that there was a contract. Hence it came to be accepted that the silent conduct of a person if it appears to be in lines of the agreement drawn up for the contract might then indicate that a contract exists.

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