Mary v Phillip Case

This is the advice provided to Philip in regards to whether he needs to support bloody shame, his daughter, financially and whether he must leave his assets to Mary when he dies. This will be discussed in relation to the accordance that that was arranged between these two parties.

Common Law
The first thing we need to determine is whether in that respect was an enforceable and valid promise. The elements that determine the validity of a contract include agreement, consideration and goal to create legal traffic and these will be reviewed in conjunction with the facts of the arising issue.

snap and acceptance
Offer and acceptance was communicated in the form of expression, where Philip (offeror) wrote to Mary (offeree) in the persona of making an offer. Philip had an opportunity to revoke the offer in advance Mary had accepted it but she wrote back accepting the offer, thus forming an agreement via consensus ad idem . The Offer and acceptance between both parties was communicated preferably clearly as some time elapsed before Mary travelled to Australia as a result of her acceptance. In Rose and Frank Co v JR Crompton & Bros Ltd the rule was stipulated by Atkin LJ that To create a contract in that location must be a common intention of the parties to enter into legal obligations, inversely communicated expressly or impliedly.




An objective test needs to be applied to determine whether an offer is made and accepted; if a reasonable person who reads the contract or hears conversation relating to the contract determines whether an offer has been made and accepted. The statement was set out by Smith v Hughes where the plaintiff agreed to buying oats, the suspect thought he meant new oats while the Plaintiff mum old oats. The appeal was Held that objective interpretation of peoples conduct should be observed when entering a contract also there was no meeting of the minds therefore no contract.

Consideration and intention to create legal relations
For an agreement to be...If you want to get a full essay, order it on our website: Orderessay



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