Question
Manik is an experienced accountant who owns an accounting firm situated in Sydney CBD. The prolonged lockdown imposed by the Government of NSW to prevent
Manik is an experienced accountant who owns an accounting firm situated in Sydney CBD. The prolonged lockdown imposed by the Government of NSW to prevent the outbreak of COVID-19 has badly affected his business. After the recent withdrawal of restrictions, Manik is serious about having a turnaround in his business as soon as possible. With this end in view he circulated an email to all staff members of his business on 1 November 2021, offering that he would provide a fully paid week-long holiday trip to Indonesia with accommodation in a luxury hotel resort in the waterfront of the attractive Bali beach to anyone who will bring five new clients by Christmas Eve, 24 December 2021. Roton is one of his most productive employees, who somehow overlooked the email offer. Coincidentally, however, five of Roton's old friends all of a sudden contacted him for their professional accounting service and he then introduced them to Manik as new clients on 25 November 2021, without any reference to the holiday offer. On 28 November 2021, when Roton looked back to his unread emails, he realised that he never read the email containing Manik's offer. He then regretted for not reading it earlier. He, nonetheless, went to Manik and claimed the holiday package when he admitted that he was completely unaware of the offer until that time. Manik refused to reward Roton with the holiday package, but Roton is desperate to get it.
Your task: Advise Roton, referring to the relevant common law rules of offer and acceptance and the statutory provisions of the Electronic Transactions Act 2000 (NSW) or the Electronic Transactions Act 1999 (Cth), whether he has an enforceable agreement with Manik about the holiday trip to Bali. You must discuss the essential three elements of a valid contract under common law in relation to the facts provided and give reasons for your answer/advice referring to legislation and/or cases, as relevant, to support your arguments. You must follow ILAC in your advice.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started