LAW AND INTERNATIONAL LAW
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Business Law
Professor’s Name
Institution
Date
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, Business Law 2
Issues
There are two fundamental issues that underpin the case, as discussed below:
a) The existence of a contract that has been formed between Andrew and the café. The
contract with this outlines the transactions that take place between the two parties:
Andrew and the café. Under this issue, there is an evaluation to ensure that all the
elements of a contract are in place.
b) The concept of taking into consideration and pointing out the presence of a contract and
the presence of essentials of a contract with regards to the transaction at hand that took
place between Andrew and the café.
Rules
The key rule that applies in the scenario is that a contract consists of an agreement between
two parties that entail obligations that bind the parties and can be enforced by the law. In this
context, a contract is binding between two parties if it meets the conditions that there are
obligations, and the law enforces the obligations. Based on the scenario, one can conclude that an
agreement that has no legal basis and cannot be enforced does not qualify to be called a contract
(Thomas & Wright,2016, p.63). The implication is that a contract is founded on its enforceability
for it to be called a legal binding agreement (Luu et al., 2016, p.256). The judicial interpretations
of the common law are the ones that underline the definition and nature of a contract. The
common law system provides that any contract is deemed binding if it can be enforced.
Furthermore, the Australian Commonwealth law takes into consideration the common laws and
gives legal outlines for interpretation and pronouncement of the terms of contracts as provided
for in the initial definition (Thomas, & Wright, 2016, p. 61).
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