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Intention to Create a Legal Relationship代寫

A SAMPLE ANSWER TO THE IRAC METHOD EXAMPLE ? 20TH MARCH 2013
 
Arthur comes into Harry?s antique shop and offers to buy an antique desk for $5000. Harry says ?Absolutely!? Arthur pays for the desk with $5000 in cash.
Has a contract been formed?
 
Major ISSUE: [This is the introduction to your answer. You should identify the issue by reference to the question you are asked.] So, you might write:
The issue that must be addressed here is whether Harry and Arthur have entered into a validly formed contract.
RELEVANT LAW: [You need to identify the elements required for the formation of a valid contract].
For a contract to be formed, there must be agreement (an offer and an acceptance of that offer), consideration and an intention to create a legal relationship.
[Now, FOR EACH ELEMENT state the relevant law, apply to the facts and conclude:]
       
1.      Agreement
 
[State the relevant law]
 
An offer must be clear and unequivocal [this is a statement of law so you need to back it up with authority. An authority is either a case or a statutory provision]; [semi-colon] Harvey v. Facey (1893). An acceptance must also be clear and unequivocal and communicated to the offeror; Carlill v Carbolic Smoke Ball Co (1893)
 
[Now apply to the facts]
 
In this scenario, Arthur makes a clear offer to Harry to buy the desk. Harry says ?Absolutely!? in response to that offer which makes his acceptance clear and unequivocal.
 
[Conclude]
 
Here, it seems clear that the parties have made an agreement.
 
2.      Consideration
 
 
[State the relevant law]
Consideration is a benefit that will be given to the other party to the contract; Currie v Misa.
 
[Now apply to the facts]
 
In this scenario, we are told that Arthur pays Harry $5000 cash for the desk. The cash is a benefit that is given to Harry.
 
[Conclude]
 
Therefore, it is clear that there is consideration here.
 
3.      Intention to Create a Legal Relationship
 
[State the relevant law]
 
In a commercial context, there is a presumption that the parties are intended to be legally bound; Esso Petroleum v Commissioner of Customs & Excise.
 
[Now apply to the facts]
 
Here, we are told that the transaction takes place in a shop i.e., a commercial context.
 
[Conclude]
 
It is clear that there is a presumption that Harry and Arthur intend to be bound by the terms of the contract.
 
 
MAJOR CONCLUSION:
 
[Remember to refer back to the major issue/introduction]
 
It is clear [or, if it?s not so clear you might write ?it seems likely that? or ?on balance, it is more likely that?] that a contract has been formed between Harry and Arthur.
 

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