Ashely offers $1,500 to anyone who will do her shopping at the supermarket every week. She likes to have fruits and vegetables but simply cannot find the time to do her own shopping. The following people comply with the terms of her offer: 1. her husband 2. her ex-husband, Chad 3. her side man, Austin 4. her son, Lucas 5. her niece, Jennifer, whom she's never seen or met 6. her next door neighbour, Pat 7. her gardener whom she only knows as "Mr Green" Sample Response to 1 The Issue is whether there existed a contract between Ashley and her husband. In order for a contract to be formed, there are specific elements that must be present, if any of the elements are absent, then there cannot be a legally binding contract between the parties. There must be an offer, and in this case, the offer is a unilateral one made by Ashley to the entire world with the obligations solely on Ashley, but no corresponding obligations on anyone to accept the offer. The case of Carlill v Carbolic Smokeball Co. Ltd illustrates that it is possible for a unilateral offer to made to the entire world. Acceptance, which is the second element needed for the creation of a valid contract, occurs when the offeree agrees to all the terms of the offer as set out by the offeror. In this case, there is a clear offer and acceptance between Ashley and her husband, however, the issue is whether there was any intention to create legal relations between the parties. The presumption is that in domestic agreements there is no intention to create legal relations, unless the presumption is rebutted or a contrary intention is shown. In Merritt v Merritt it was held that there can be no intention to create legal relations between a husband and wife, however, in that case, it was found that the parties were separated at the time they entered into the contract, and that the wife had gotten the agreement in writing. Therefore, the husband could not rely on the presumption as it was effectively rebutted by these two pieces of evidence. Unlike, the case of Merit however, Ashely's husband will be unable to claim the $1,500 as he would be unable to rebut the presumption that there was no intention to create legal relations. Therefore no contract exists between the parties End.
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Response to 2 Her exhusband Chad The issue here is whether there is a contract between Ashley and he... View the full answer