昆士兰论文代写:

A legally binding agreement. Agreement arises as a result of offer and acceptance, but a number of other requirements must be satisfied for an agreement to be legally binding. (1) There must be consideration (unless the contract is by deed). (2) The parties must have the intention to create legal relations. This requirement usually operates to prevent a purely domestic or social agreement from constituting a contract. (3) The parties must have capacity to contract. (4) The agreement must comply with any formal legal requirements. In general, no particular formality is required for the creation of a valid contract. It may be oral, written, partly oral and partly written, or even implied from conduct. Certain transactions are, however, valid only if effected by deed…or in writing…. (5) The agreement must be legal. (6) The agreement must not be rendered void either by some common-law or statutory rule or by some inherent defect, such as operative mistake. Certain contracts, though valid, may be liable to be set aside by one of the parties on such grounds as misrepresentation or the exercise of undue influence.”[2]

This is a comprehensive definition covering the main aspects of a contract, even though this essay is primarily concerned with the law regarding offers and acceptance. The concepts of offer and acceptance will be considered further throughout the course of this essay. An offer is considered to be a willingness to enter into a contract and must be clear, as once it has been accepted a binding contract is formed. Before the contract can be formed, there must be an acceptance of the offer. This can be given via words or conduct, although it was held in the case of Felthouse v. Bindley[3] that silence is not enough.

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