AGREEMENTS IN OUR SOCIETY
• Many agreements are enforceable by law; mere social
agreements are not. Some agreements must be in
writing or comply with other formal requirements
• The law usually allows parties to an agreement to
decide the terms of their agreement
• Courts give assistance to resolve disputes between
parties to an agreement
• Courts may not recognise or enforce certain
agreements due to fraud, illegality, misrepresentation,
lack of capacity or unconscionable conduct
• Parties to an agreement may be entitled to use
alternative dispute resolution processes
AGREEMENTS IN OUR SOCIETY
Sale of a car over the phone
Unilateral
Deeds
oral / verbal contacts
Legally binding agreements and called
CONTRACTS
Implied by conduct
A coke machine transaction
Written Agreements
The sale of land/shares
It is not the function of our courts to become involved with purely social
arrangements. Legally binding agreements are called CONTRACTS
AGREEMENTS IN OUR SOCIETY
Would the following agreements be classed as legally binding or social arrangements?
1. Hiring a video from Video Ezy
2. Paying to enter the Southside Pool
3. Buying a pie from the tuckshop
4. Buying encyclopaedia from a door-to-door seller
5. Babysitting for a family friend in exchange for $30
6. Buying a car from a family friend
7. Buying a Powderfinger concert ticket
8. Setting up an internet account with Bigpond
9. Driving a friend to work because their car has broken down
10. Going halves in a Gold Lotto ticket with a friend
11. Paying for a haircut
12. Buying fish and chips
AGREEMENTS IN OUR SOCIETY
Continued . . .
13. Buying antique furniture from an auction
14. Offering a reward in the newspaper for the return a lost dog
15. Agreeing to swap an item of clothing with a friend
16. Getting a mobile phone through Optus
17. Paying someone to do your homework
18. Selling a brand new Porsche for $1
19. Picking mangoes for a commercial grower for $5 per hour
20. Your parent/carer agrees in writing to pay you $5000 when you
reach 21 if you finish your uni degree
21. Paying for a ticket to watch the NRL grand final in Sydney
22. Purchasing an airline ticket over the internet
AGREEMENTS IN OUR SOCIETY
CASE 1
Harry and sally are friends who live in the same house. They have an
understanding that if either of them buys a winning lottery ticket, they
will share the money between them. One day Sally buys a ticket and
wins $100,000.00 in prize money. Sally insists that since she bought
the ticket, the prize money belongs to her and she doesn’t have to
share. Is Sally right?
AGREEMENTS IN OUR SOCIETY
CASE 2
Jane is on her morning power walk when she sees a Maltese terrier
trying to cross the road. Jane picks up the dog and after knocking on
several doors in an attempt to find its owner, she brings it to the local
vet. The vet shows Jane an advertisement that is pinned onto the notice
board in his surgery, which is also located in the local newspaper:
$300 reward offered for the return of a lost white Maltese terrier pup
calls Bonzo. The address is 55 Dunromin Street, Wetland. Bonzo is in
perfect condition and health.
Jane takes the dog to 55 Dunromin Street, Wetland. The owner is happy
to have Bonzo back but refuses to give Jane the reward money. He
claims that the scratches on Bonzo’s legs indicate that he has not been
returned in perfect condition, hence Jane is not entitled to the reward
money.
Is Jane entitled to the reward money?