In response to the question first the term law and justice should be disclosed, so that we can get what exactly it termed as and illustrate the role in the management of the societal affairs and law and order in the county and the nation. So hereby the first term that is law has been described in the following-
Law is the rules and regulation that has been amend by the bodies of authority and council that have the power to implied the certain rules that has been beneficial for the smooth functioning, controlling the crimes and the enhancing the standard of living by applying certain law that affect the society living functioning. The law and order are necessary for the nation, as it describe the ethicality and the way of living in the democratic nation. There is certain law that has been embed by the government for trade practices, marriage law, criminal laws for taking an action against any crimes. The international law and common law that has been applicable in mere country especially English law. Hence, these laws that has been followed by the citizen, artificial person, commercial person and ordinary person within the county.
On the other hand, justice is the term that described to get justice in the presence of certain law and rights that has been delivered by the justice of lord and courts to the person that has been suspected to be victim of certain incident. A partnership conflict and the breach of agreement and contract has been handled under the justice courts. That redress all the affair related to breach and other act that void in the eyes of law. The justice is framed with certain adjectives that is fairness, honesty decision, equality and consideration etc.
Hence, it is clear that the both term law and justice are different as law is depend upon the justice. The justice can be changes but the law is static and adjust as per the justice required. The law will be change through mere resolution and decision. Thus, these are the certain difference that has been concluded (Chiongson, et al., 2012).
The issue that has been found in the given case as the advertisement that has been offered by the Andres for selling of the boat for $9000. As Pedro is the boat lover, so he sends the voice message to acceptance to buy the boat for $7000 but later its price has been settling for $8000 as asked by Andres on voice message. But later on, the same another buyer approached and asked for boat for $9000. So, Andrew immediately agreed and sell the boat to him. So, the issue arises whether Pedro has the to sue a drew for breaching of the contract that has been mend on the voice message.
As per the contract law the offering and agreement that has been contracted in between two people should include confirmed consent or signature for the substance for what they come together to have contract. The validity will be proven in the eyes of the law if the contract is filled with certain points that is agreement in between the person that will be preferably in written form. The certain consideration will be agreed by the parties that can be in cash form or other consideration. The consent should be delivered by the both parties that is free from fraud, threaten. The party’s member has the capacity to bind in the contractual liability. Otherwise this contract will be void in the contract law. Formalities related to the contract legality and signature should be headed on the paper or written document that has been considered as the proof for future conflict and supporting breaching norms.
As per the case the rules that has been state above for validation of the contract and liability to sue for breaching the contract has not been amend yet. The contract has been fully valid till the consent has been delivered and written agreement has been handover to both the parties. As per the Australia contract law Andres and Pedro has been in process of having contract but the contract is not been mend in these periods. The communication is being disclosed only the price negotiation not the declaration of contract of selling boat to Pedro (Yin, et al., 2020).
As per the above discussion it is conclude that the applicability of the valid contract is not liable in case of Andres and Pedro. So, Pedro is not liable to sue the case of breach against Andres for selling the boat to another buyer.
In the following case the Keaton and lee are the children of Samuel. As lee knows that Keaton is her father favourite child, so she is sure her father has been transferred all inheritance to Keaton, and also beach palm house. She wants that house under her consideration. As she knows that her father has less time to live as he is 90-year-old and suffering from mental disorder. So, she attempts to give pressure to signed the paper of transfer of house to her by Samuel. She uses pressure and threat for four-year lee convinced her father to signed the transfer paper. So, the issue arise in the following situation is how Samuel will stop the transfer of paper to Lee in that mental disorder condition.
In the following case the rule of contract law as per the Australia term has been applied. The general term that has been performed for having valid contract has been applicable in this case. As Samuel is suffering from mental illness (Eldridge, 2019). That mean he is not capable of entering within the contract. The general rule that shows that incapability of the person are as follows-
- Mental disorder
- Pressure and threat
If out of these condition and situation has been fit in the contract case the contract become void and does not enforced under the contract law. Hence, it has been embedding by the court that capability is mended while having a contract because if it is not there then it considered to be fraud and threaten activity that is illegal in the eyes of the law. The person that involve in such thing will get penalised for this.
In this case the Samuel can stop the transfer of the beach house to Lee though proofing the mental illness and unsound condition of him at the time of signing the contract. If the contract has been appeared to be in the condition of incapable mind and within the pressure and threat this is considered to be unlawful in the eyes of the contract law. It also clears the wrong intention of the second party that has been preparing the contract without having mutual consent, and using tactics of pressure and threat to signed the contract. So, Samuel can proof that in the court while appealing for the acceptance of the signed document. Thus, through that the proceeding order and transfer order of beach house will be stop.
The conclusion that has been indicated in the following case is that capability is essential element while having a contract in between two parties. As if it is missing in the contract that means it is not fully valid contract that signed between two parties, it includes certain threat and pressure (Weber,2013).
- Parole evidence rule is the rule that has been amended by the common law that state that what evidence or doctrine does the parties will present while mending or redressing the cases based on the disputes and the conflicts. It is applied at the time to resolve the issue related to the contract doctrine in between the parties. Under that the term and condition of the contract has been specified to each party and any manipulation in the contract will be detected by both the parties. The parties can enter their norms and condition before entering into the contract and at the time of conflict and dispute the document has been work out. The Parole evidence rule has been amending to prevent the disorientation and conflict between the parties. The reasoning of court based on the parole evidence rule will be based on legality and proofs based on the contract legality and evidence (Iyer, 2016).
- Exceptions to the parole evidence rule.
- The Contract will be the result of the mistake; both parties is not intended to make the contract.
- The evidence of the fraud and the misstatement, error in the contract existence. This will be the exception in the parole evidence rule.
- The contract had not taken any consideration for the agreement and there is no rules and regulation attached to the consideration.
- All the parties which are related to the contract must be clearly identified and existed. The name and detail should be clearly disguise in the document and they should be present whenever required.
- All the terms and condition should be int the written from of agreement. As it will be formed as the evidence and proof for future disputes and conflict.
- The modification of the contract for both the parties has not been considered.
- The exception based on the payroll rule has been applied to this rule as if the separate contract has been made for payroll purpose. Then the declaration and evidence should be provisioned and mend (Iyer, 2016).
Meaning of the frustration contract
The meaning of the frustration contract will be contract that has been subsequent in formation and without the fault of either of the parties. The contract has been incapable to performed due to the unforeseen event that has been radically different from the contemplation of the contracted parties. The legality that has been obligated in the contract has been discharged as the occurrence of unforeseen event has been resultant in the dissolution of the contract in between the parties (Pawlowski, and Brown, 2018).
There is certain test that has been applied in the following condition when the contract is termed as frustration contract.
- Unforeseen event is the test that has been proved that the contract has been under the frustration that will resulted in dissolution of the contract. The unforeseen event can be sudden death, mental disorder, natural calamities etc.
- The intention of the parties to indulge in fraud and misrepresentation will cancel the contract and resulted in the frustration.
- The bargaining and negotiation that does not reach any conclusion and parties has got frustrated out will result in the bad bargaining and cancelling of the contract.
In the given case the contract has been contemplated in the frustration contract due to uncontrollable event and certain fault that does not ignore, as in the change in the lease. So, all the event has been regulating in the contractual flow and the outcome will determine as the termination of the contract (Abdullah, 2020).
- Chiongson, R.A., Desai, D., Marchiori, T. and Woolcock, M., 2012. Role of law and justice in achieving gender equality. World Development Report, pp.7778105-1299699968583.
- Weber, D.P., 2013. Restricting the freedom of contract: a fundamental prohibition. Yale Hum. Rts. & Dev. LJ, 16, p.51.
- Eldridge, J.A., 2019. Codifying Contract Law in Australia: Issues and Obstacles (Doctoral dissertation).
- Abdullah, N., 2020. Good Faith Under Australian Contract Law. In Good Faith in Contractual Performance in Australia (pp. 89-120). Palgrave Macmillan, Singapore.
- Yin, K., Kozlina, S., Green, K., Siliquini-Cinelli, L., Laryea, E. and Spagnolo, L., 2020. Contract Law. Cambridge University Press.
- Pawlowski, M. and Brown, J., 2018. The termination of real property interests by frustration under English law. Nottingham LJ, 27, p.46.
- Iyer, I., 2016. The parol evidence rule: insurance/contract law. Without Prejudice, 16(9), p.17.