ASSESSMENT TASK 3, SEMESTER 1, 2018
Essay Question: Commercial Contracts: BLO5555
“There are particular elements that must be satisfied in order to constitute a valid legal contract, with those being: Offer & acceptance; Consideration; The intention to create legal relations; and Certainty.
The parties must have the relevant capacity and there must not be the presence of any vitiating factors or statutory prohibitions.
Parties by their exchanges and in other dealings over a period “drift into a contractual relationship” as McHugh J pointed out in Integrated Computer Services Pty Ltd v. Digitial Equipment Corporation (Aus) Pty Ltd (1988) 5BPR 11, 110, 11, 118”.
Having regard to the elements of a contract referred to above, discuss the above statement in relation to the creation of a commercial contract.
Make sure you make reference to both primary and secondary sources in your analysis.