Business law Essay Example | Topics and Well Written Essays - 2000 words

Business law - Essay ExampleThe judges have to judge the intention purposely. In all circumstances, a court has to ask whether in the circumstances a reasonable person would turn over the agreement as it was intended to be binding. In any circumstance that a party in the fibre wants to prove for sure there was an intention to be legitimately bound, the party must put the test of the intention to the court and prove it beyond reasonable doubt. In the case Thomas v Thomas (1842) 2 QB 851, the case is about an action which was brought by a widow against the executor of her conserve. The day that the husband died, he had stated that he clearly wanted his wife to get one of the houses for the rest of her life. He said that in front of his witnesses. After the husband died, his executors decided to attach a life hobby in one of the houses. This was so if the wife agreed to pay one pound per rent and provided that she unbroken the house in good condition. After some time, the execu tor refused to totally complete the conveyance as he had promised. It was ruled that the respect for the wishes of the testator was not sufficient for the consideration. In the case Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95, Ermogenous who was a Bishop made a claim to be paid money which he impression was a compensation for his service from the church he was serving, that is Greek Orthodox Community. In the first casing he succeeded in convincing the judges. But when the case was taken to Full courtyard of the Supreme Court of SA, the judges found that there was no intention of creating legal relations amid the parties which were involved. In the case Placer Development Ltd v Commonwealth (1969) 121 CLR 353, High Court of Australia, P and D had an arrangement of forming a company. The operations of the company would involve the exportation and importation of timber. It was a rule by the Commonwealth that a premium to be paid on any timber for which the i mport duty was paid but not remitted on export. The court decided that there was no contract at all since the amount to be paid as subsidy by P and D was not specified. There was no price reduction that any reasonable subsidy was to be paid since there was no any standard by which subsidy was to be judged. Apply the law to the facts of the heading in a detailed and logical personal manner As n agreement becomes enforceable by law when the two parties intend to be legally bound at the time they are making the agreement, there is a need of carrying out an objective assessment of the circumstances under which the agreement between Peter and scissure, and between Burt and snap was made. The main question in this case is whether, in the circumstances, a reasonable person would regard the agreement between Sally and Peter and the agreement between Sally and Burt as enforceable contract. There is no sufficient evidence that there was a contract between Sally and Peter. This is because , in the first instance, Sally refused to reply the quest of Peter to be sold the bicycle at $4000. Peter had requested for an immediate response. Given that Sally refused to reply immediately and she did so after some days, it therefore follows that there was no contract between Peter and Sally. Sally went ahead and delivered the bicycle to Peter without his consent, and he had