Question
Cecil is a wealthy elderly gentleman who lives in Sydney. He rings his sister Carol who lives in Canada and says that if she comes
Cecil is a wealthy elderly gentleman who lives in Sydney. He rings his sister Carol who lives in Canada and says that if she comes out to look after him in his latter years he will leave his house and other assets to her. The house and other assets are worth over $10 million.
Carol agrees over the telephone and then sells her house in Canada and quits her job in Canada. She arrives in Sydney and looks after Cecil doing all the chores around the considerable sized house.
Everything goes well for two years until they have a bitter argument and Cecil says he will not leave any assets to her and no longer requires her services.
Advise Carol
a) Is there a legally enforceable agreement?
b) What factors will the court consider?
c) Which cases are relevant to the arguments?
d) If Cecil was an alcoholic and claims that he made the offer to Carol after he had two bottles of wine would that change your answer?
Paul sent a letter to his cousin Simon who lived on a farm offering to sell him his chainsaw for $500 (it was valued at $2000). Simon received the letter and immediately wrote a letter accepting the offer and put the letter in the mailbox when he went to town on Monday the 1st of August.
On Wednesday the 3rd of August Paul was talking to his friend Colin and mentioned that he was trying to sell his chainsaw as he no longer needed it. Colin offered to buy it for $700 and Paul accepted. Colin gave Paul the $700 and Paul said he would arrange for delivery the next day. That afternoon Paul received the letter from his cousin Simon which said he was happy to buy the chainsaw for $500.
Advise Simon,
a) Does he have a legally enforceable contract?
b) Does Colin have a legally enforceable contract?
c) What are the principles of law that are relevant in this case?
d) Are there any cases that assist your arguments?
Outline your understanding of the rule regarding requests for information as it applies to Contract Law.
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