After a hot sleepless summer, John has decided to have a ceiling fan installed in his bedroom. He contacts Ada, a licensed electrician for a fixed-price quote. After an inspection, Ada provides John with a handwritten note on the back of her business card:
“Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.”
John advises Ada - ‘that fixed price looks good. I think we might go with that.’
The next day, Ada drops in a typed up document headed “Job Order” which contains the same information together with the following notation in small print on the back:
“The contractor reserves the right to charge for any additional work or costs to ensure the installation meets all current electrical safety standards.”
John doesn’t read the Job Order but signs and returns it anyway. Ada installs the fan two weeks later. However, John is shocked when he subsequently receives Ada’s bill for $800. Apparently extra costs were incurred to replace old wiring in John’s bedroom which was unsafe.
(a) Advise John on his liability to pay Ada the $800.
(b) Assume that John is contractually bound to pay Ada the full $800. John writes a cheque to Ada for $500 with a note saying “in full and final payment of your bill.” What legal effect, if any, might this have on John’s contractual obligation to Ada?
澳洲 合同法问题 盼高手 急急急~~~~
答案:2 悬赏:0 手机版
解决时间 2021-02-11 14:42
- 提问者网友：沦陷
- 2021-02-10 16:10
最佳答案
- 五星知识达人网友：杯酒困英雄
- 2021-02-10 16:53
您好，我认为john不必付给Ada 800.
下面我用英文解释下吧，比较方便些：
According to Contract Law in Australia, there are some basic elements that shape a contract. One of them is what we usually called "meeing of minds".
At first, when Ada offered John a deal, which is “Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.” John actually did NOT accept the offer. There is NO contract between them.WHY?
Coz obviously, both John and Ada preferred to use written contracr instead of oral one. That's why the next day Ada dropped in the document to John who signed it afterwards.
Few points needed to be aware of:
1. “Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.”
John advises Ada - ‘that fixed price looks good. I think we might go with that.’
We may say there is an oral contract exits if no one argues more until Ada starts her job. However, they tend to use written contract, which means oral contract is not valid.
2. Does the contract exist after John signed the paper?
NO. Because there is no "meeting of minds" between them. The only reason why John signed the paper is because he presumed there was no changes of the offer whcih Ada advised him. However, Ada did NOT give encough notice of changes of her offer especially the important term that written in SALL letters in the BACK of the paper. So based on the above facts, there was no "meeting of minds" between them.Thus even if John has signed the paper, he should NOT be bound to it.
He is NOT liable to pay Ada 800.
累死我了，给点加分鼓励下吧。
下面我用英文解释下吧，比较方便些：
According to Contract Law in Australia, there are some basic elements that shape a contract. One of them is what we usually called "meeing of minds".
At first, when Ada offered John a deal, which is “Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.” John actually did NOT accept the offer. There is NO contract between them.WHY?
Coz obviously, both John and Ada preferred to use written contracr instead of oral one. That's why the next day Ada dropped in the document to John who signed it afterwards.
Few points needed to be aware of:
1. “Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.”
John advises Ada - ‘that fixed price looks good. I think we might go with that.’
We may say there is an oral contract exits if no one argues more until Ada starts her job. However, they tend to use written contract, which means oral contract is not valid.
2. Does the contract exist after John signed the paper?
NO. Because there is no "meeting of minds" between them. The only reason why John signed the paper is because he presumed there was no changes of the offer whcih Ada advised him. However, Ada did NOT give encough notice of changes of her offer especially the important term that written in SALL letters in the BACK of the paper. So based on the above facts, there was no "meeting of minds" between them.Thus even if John has signed the paper, he should NOT be bound to it.
He is NOT liable to pay Ada 800.
累死我了，给点加分鼓励下吧。
全部回答
- 1楼网友：污到你湿
- 2021-02-10 18:12
要约，要约邀请，承诺，到达主义和发出主义的区别。
a发布的消息是要约还是要约邀请？
澳洲合同法采取到达主义还是发出主义？
无非就是这两个问题
把英文发出来吧
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