Mildura Office Equipment & Supplies Pty Ltd v Canon Finance Australia Ltd – Assignment Example

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The paper "Mildura Office Equipment & Supplies Pty Ltd v Canon Finance Australia Ltd" is a wonderful example of an assignment on law. 1) In what court was the case heard? In the supreme court of Victoria 2) the judge and explain her titleJudge Dodds_Streeton J. Her title was to accord respect to her court. 3) Explain what is meant by the term ‘ medium neutral’ citation. Which case citation should be used if a case is subsequently reported in the law reports? The medium neutral citation gives an abbreviation to a court, not named law reports.

It uses the court’ s assigned case number instead of volumes of page numbers and applies to the number on paragraphs rather than numbered pages. Subsequent reporting will include sufficient referencing and paragraph numbers identifying the initial citation. 4) The crux of this case concerns the meaning of a unilateral contract, define a unilateral contractThis is a contract where an offer is established through a promissory form and aimed to be accepted or acknowledged by the act of performing. The act is exchanged for the promise established. 5) Which case established the definition of a unilateral contract, what was held in that case? The Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 case or [1892] EWCA Civ 1.

The Carlill case held that the add was not a puff but an offer. The 1000 pounds deposited worked as a promise showing that the general public could rely on it whilst the add directed that the offer could be simply accepted through the product’ s purchase and heeding instructions. 6) Which Australian case defined a unilateral contract? The “ Australian Woollen Mills Proprietary Ltd v The Commonwealth [1954] HCA 20; (1954) 92 CLR 424 at 456.” Para 129.7.

Which of the parties did Dodds-Stretton J regard as the more reliable witness and what was the significance of this? Mr. Blancato, in the defense, was regarded as more reliable by judge Dodds- Stretton instead of Mr. Janssen, plaintiff’ s head witness, due to his consistency and credibility. The significance of this would turn out that the judge would eventually accept his turn of events’ description to be truthful afterward rule in favor of the defendant. 8) What was the decision of the court? Claims lodged by the plaintiff were dismissed. 9) Briefly state the plaintiff’ s claim. This case’ s plaintiff had a claim that he had acquired an offer related to the case in Carbolic Smoke Ball’ s circumstances.

This had been within a comic skit that lasted five minutes presented through, Canon, the defendant during a sales conference. Further, is that the received offer had unilaterally been accepted at the lease agreement signing for the Canon device. 10) Why did the plaintiff’ s argument fail? The plaintiff’ s argument failed because it was inconsistent, vagueness, and equivocation in the evidence that included the statement by the witness that was amended. 11) The plaintiff appealed the decision. Citation: “ Mildura Office Equipment  and Supplies Pty Ltd v Canon Finance Australia Ltd [2007] VSCA 112 (1 June 2007)” .

The appeal’ s outcome was a dismissal. Reservations by Kellam JA came from the initial reason for pleading in this case, because it was a unilateral contract that possessed an offer. 12) Do you think this case was dealt with fairly? Give reasons for your answer. The case ruling was fair because in this contract an offer was established through a promise and accepted by the act of performing.

The act is exchanged for the promise establishedPART BWhat are the advantages and disadvantages of the doctrine of precedent? Advantages: More adaptable and flexibleDue to the fact that they are outside political systems, I can be politicized into law. It applies in the real situations in life where the set standards in a community are implemented. DisadvantagesDevelopments in the law become slow and full of uncertainty where courts have to wait for cases to be presented. It may be unfair if the judge is conservative.

A legal principle is challenging to establish given that a single area can carry varying precedents. It is normally challenging to comprehend the judgment given. Raymond offered to sell his computer to William for $1000, stating he would keep the offer open for 3 days. The next day Raymond phoned William and said he was withdrawing the offer because he had received an offer of $1200 from Greg. William, however, said he would accept the offer now Raymond did not have to keep it open for the full 3 days.

Who has Raymond reached an agreement with? Raymond reached an agreement with William from the fact that the three days had not elapsed, the offer still stands. Ian and Jenny have discussed Jenny buying Ian’ s car. Ian sends Jenny an e-mail which says: I am prepared to sell you my car for $20,000. Unless I hear back from you, and as you never answer e-mails, I’ ll assume we have a deal and I’ ll deliver the car to your place on Saturday morning at 10 am. Jenny, as Ian expected, did not answer the e-mail message.

What would be the legal implications if: Ian delivers the car but Jenny refuses to pay or to accept delivery. The baseline rule is that jenny must first accept and communicate with Ian. This would affirm acceptance. Acceptance would not be constituted from mere inaction given that silence is termed as ineffective. The owner of the offer, Ian, may stipulate the way to which his offer would be accepted although it would not be stipulated from the fact that silence could be termed to justify acceptance.

In the real sense, acceptance did not take place so no contract exists.  

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