Agreement

Offer

Elements-

• Statement by offereor containing stated terms
• Statement made to another person
• Offeror indicates a preparedness to be bound

Bilateral or Unilateral

Offers to public at large (Carlill v Carbolic Smoke Balls)

What is not an offer

• Mere puff (Carbolic)
• Supply of information (Harvey v Facey)
• Invitation to treat. Advertisements, catalogue and websites pricing. Concern about stock by retailers.

Standing offers – A agrees to tender for 12 months. Offer is accepted by a each month.

Offer must be communicated (Cole v Cottingham) , the communication must be by the offeror or by someone authorised by the offerer(ibid)

Termination of Offer

• Can be withdrawn anytime before accepted (Goldsbrough Mort), this is even so the offeror has promised to keep the offer open for a period of time. If the offeree has provided consideration to the offeror to keep the offer open, the position is different.
• If offeree rejects the offer it is terminated and cannot be reopened. Stevenson Jaques & Co v Mclean

Acceptance

Offeree must accept terms of offer

Acceptance must be unqualified – “Subject to formal contract” clause would not make parties bound if their intention is not to have legal relationship until the formal contract. However, if they have intention they will still be bound.

Acceptance must be communicated to offeror

Postal Acceptance Rule – Henthhorn v Fraser. Only available when post is one of the accepted method of acceptance.

Acceptance in unilateral contract

Offer can only be accepted by whom it is made to = Reynolds v Atherton

Certainty and Completeness
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Offences, Trials, Interpretation of Code, Costs

Classifying Offences

Regulatory offences

Criminal Offences

Crimes

Misdemeanours

Simple offences

Trials

Interpreting criminal legislation and code

Criminal responsibility

Costs

Arrest, Warrants, Right to silence, Bail, Trial and Appeal

Arrests with warrants

Arrests without warrants

Arrest of children

Citizen powers to arrest under code

Arrest for questioning

Right to silence

Effecting an arrest and subsequent duties

Duties Following Arrest

Safeguards for person being questions

Bail (more…)

Trespass

Identify the parties: A (P) v B

Jurisdiction: Queensland

Title to sue:

1)      Trespass to person

(a)   Battery : Any act which directly and either intentionally or carelessly causes some physical contact with the P without consent or lawful excuse. (Scott v Shepherd – fireworks

(i)     Direct Application of Force

-          The application of force maybe indirect (s 245 of the Criminal Code)

(to pull a chair from a person so that they are thrown on the floor: Hopper v Reeve)

(if the D(police) stood ‘entirely passive like a door or a wall put to prevent the plaintiff from entering the room’ this could not amount to a battery: Innes v Wylie)

(ii)    Offensive Contact

-          to amount to a battery the alleged interference must be offensive contact with the plaintiff’s person.

-          Anger or hostility

(Contact does not have to be hostile: since the decision of “Re F”)

-          Contact as Part of Every Day Life

(falling within a general exception, embracing all physical contact that is generally acceptable in the ordinary conduct of daily life: Collins v Wilcock)

-          Consent (more…)

Negligent Misrepresentation

Cases

Problem Solving

ESTABLISHING DUTY OF CARE

Reasonable Foresight – Not enough need to satisfy other factors

Representation – Oral, written, advices vs information, opinion, silence, duty to correct.

Special relationship between P and D: Mutual Life & Citizens Assurance Co Ltd v Evatt

1. Assumption of responsibility by the giver of the advice: Tepko Pty Ltd v Water Board. Whether D knows or ought to know he was being trusted. Speaker possess special skills, must be of serious or business nature: Mutual Life. If speaker has financial interest in the advice may provide responsibility: Day v Ost.
2. Reasonable reliance by receiver. Intended reliance not absolute require but significant factor: Esanda Finance Corporation Ltd V Peat Marwick Hungerfords. Special skill is a factor only. Client v Professional establish reliance: Oullen v Gutteridge, Hankins & Davey Pty Ltd. No duty of care if the advice was provided in casual or social context: Mutual Life. Advice must be of serious nature.
3. Disclaimer concerning the liability of the advice. Not always 100%, only a factor: Hedley Byrne & Co Ltd v Heller & Partners Ltd. (more…)