Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia Tuvalu Island Courts Bench Book - Federal Court of Australia
Contract Checklist Agreement Is there an offer? Has the offerer given a clear statement of terms that he or she is prepared to be bound by and that invites the other person to accept the offer? Is there acceptance? Has the person who has been offered something said or done something to show they accept the offer? Did they accept that they were committing themselves to a contract? Is there certainty? Are the terms of the contract clear and complete, so that the parties understood what they were agreeing to? Consideration If you have answered yes to all of these questions, then there is agreement. Did one party give or promise something, or promise not to do something, in exchange for the other party’s promise? Intention If you have answered yes, then there is consideration. Did the parties, at the same time the promises were made, intend to create legally enforceable obligations which would allow them to turn to the Courts if the promises were broken? If you answered yes, then there is intention. Capacity If you have answered yes to all of the above questions, then a contract exists. Do the parties have the capacity to enter into a contract? Are they of sound mind, and old enough? If you answered yes, then there is capacity. If you have answered yes to all of the above questions, then a contract exists. Tuvalu Island Courts Bench Book June 2004
Validity Is there any reason to make the contract invalid, such as misrepresentation or illegality? If you answered yes, then the contract is invalid and the claim should be dismissed. If you answered no, then the contract is valid and you can go on to consider whether there was a breach. Breach of contract Consider the terms of the contract and the words or actions of the defendant. Did he defendant fail to meet the terms set out in the contract? Remedy If you answered yes, then there has been a breach of the contract. If there has been a breach of the contract, next decide whether there should be a remedy and if so, what the remedy will be. This will usually be damages. Remember your jurisdiction allows you to award up to $60 only. If there was good reason for the breach, a remedy may not always be necessary. For example, the defendant may have refused to carry out the terms of the contract because the plaintiff had breached it first. Consider the arguments of the parties and the evidence presented. 7 Tort A tort can be defined as a wrong committed by one person (or legal entity) toward another person (or legal entity) for which the remedy is a claim for damages. The wrong can be either intentional or because of carelessness. Example: A is an employee of the Kaupule. He is asked to go to a house to carry out an inspection. He uses the Kaupule’s motor-cycle. On travelling to that house, A collides into B with the motorcycle. B has a cut to his leg that is sore for 2 days. The collision was caused by A. B can pursue a tort claim against A for the harm caused in the Island Court, limited to $60. A person may be held responsible for the wrong committed, and be made to pay for the harm done, when it is shown that his or her conduct comes within the definition of: • nuisance; • assault and battery; • negligence; or • trespass. Tuvalu Island Courts Bench Book June 2004
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Contract Checklist<br />
Agreement<br />
Is there an <strong>of</strong>fer?<br />
Has the <strong>of</strong>ferer given a clear statement <strong>of</strong> terms that he or she is prepared to be bound by and that invites the other<br />
person to accept the <strong>of</strong>fer?<br />
Is there acceptance?<br />
Has the person who has been <strong>of</strong>fered something said or done something to show they accept the <strong>of</strong>fer?<br />
Did they accept that they were committing themselves to a contract?<br />
Is there certainty?<br />
Are the terms <strong>of</strong> the contract clear and complete, so that the parties understood what they were agreeing to?<br />
Consideration<br />
If you have answered yes to all <strong>of</strong> these questions, then there is agreement.<br />
Did one party give or promise something, or promise not to do something, in exchange for the other party’s<br />
promise?<br />
Intention<br />
If you have answered yes, then there is consideration.<br />
Did the parties, at the same time the promises were made, intend to create legally enforceable obligations which<br />
would allow them to turn to the <strong><strong>Court</strong>s</strong> if the promises were broken?<br />
If you answered yes, then there is intention.<br />
Capacity<br />
If you have answered yes to all <strong>of</strong> the above questions, then a contract exists.<br />
Do the parties have the capacity to enter into a contract? Are they <strong>of</strong> sound mind, and old enough?<br />
If you answered yes, then there is capacity.<br />
If you have answered yes to all <strong>of</strong> the above questions, then a contract exists.<br />
<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004
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