Topic 2 Part 7 Macrobertson's Case
Episode 11 of the Fundamentals of Australian Contract law podcast, hosted by Nolan, Cathryn, titled "Topic 2 Part 7 Macrobertson's Case" was published on March 14, 2020 and runs 11 minutes.
March 14, 2020 ·11m · Fundamentals of Australian Contract law
Episode Description
What's in this podcast
Identifying when a contract has been formed in order to determine whether written conditions form part of the offer (and therefore the contract)
00:15 - MacRobertson v Commissioner of State Taxation (WA) (1975) 133 CLR 125
03:12 - MacRobertson v Commissioner of State Tax: Issue
03:18 - Airline (MacRobertson) Arguments
04:37 - Held: Ticket does not record terms of agreement, rather the terms of an offer subsequently accepted by conduct. The lack of any obligation imposed on the airline prevented the ticket from representing an enforceable agreement
07:20 - Distinguishing an offer from other conduct
07:29 - Why do we need to distinguish?
07:32 - Distinguishing an offer from other conduct
08:35 - Held: Ticket does not record terms of agreement, rather the terms of an offer subsequently accepted by conduct. The lack of any obligation imposed on the airline prevented the ticket from representing an enforceable agreement
Note - some questions were raised and I said I'd get back to the students. These are addressed in Episode 14 (Topic 2, Revisiting MacRobertsons Case)
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