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Table of Contents

Introduction......................................................................................................................................2

Identification of relevant Issues.......................................................................................................2

Explanation of the appropriate regulatory and governance frame work.........................................3

Contract Law................................................................................................................................3

Consumer Protection Regulations................................................................................................3

Communication Regulations........................................................................................................4

Analysis of the frameworks to the particular facts..........................................................................4

Contract Law................................................................................................................................4

Consumer protection Regulations................................................................................................5

Communication Regulations........................................................................................................5

Conclusion.......................................................................................................................................6

REFERENCE..................................................................................................................................7
Introduction

This detailed analysis examines the intricacies of the contract between John and Emily. It

explores various aspects, including the offer and acceptance, the effects of instantaneous

communication, and the impact of applicable regulations like contract law and consumer

protection. By studying relevant principles and references, we aim to shed light on the

complexities of their case and contribute to a comprehensive understanding of the legal issues

involved.

Identification of relevant Issues

Offer and Acceptance: The advertisement made by John can be originally viewed as an offer

made to Emily. The proposal of $1,600 dollars made by Emily may be considered more as an

inquiry rather that a counter-offer since it did not entirely reject John’s terms. This counter-offer

of $1,800 by John develops a series of negotiations.

Instantaneous Communication: Emily had delayed to email and text that raises the concerns of

the effectiveness of the instantaneous communication. The contractual obligations are dependent

on the timing of when the communication is received.

Contractual Position: The potential claims by Emily depends on the offer and acceptances. If

Emily had considered binding with John’s $1,800 offer that would be a valid claim, the sequence

and the timing plays a crucial role in this event.

Notification issues: The attempt to inform Emily via phone call might have been relevant to

Emily’s awareness of the changed circumstances. This could be influenced by the case where

there was an establishment of communication preference between Emily and John

Explanation of the appropriate regulatory and governance frame work

Contract Law: A contract is a legally binding agreement that outlines the actions each party

must take, often in relation to delivering goods, providing services, or exchanging money
(Shavell 2003)
. The regulatory and governance frame work plays a vital role, John’s starting

advertisement could be taken as an invitation to a treat where Emily’s proposal of $1.600 could

be considered as an inquiry or a negotiation rather than a counter-offer. As John’s offer of $1,800

can be viewed as a counter-offer.

Consumer Protection Regulations: In Australia, the Australian Consumer Law (ACL) serves as

a set of consumer protection regulations designed to safeguard the rights and interests of

consumers during business transactions. It focuses on preventing false or misleading

representations and providing a means to terminate unsolicited consumer agreements. By

establishing these regulations, consumers are offered recourse and protection against unfair

practices, ensuring they are not deceived or exploited in business interactions

(The Australian Consumer Law 2010)
. In order to ensure the safe and fair practice, there must be a certain

regulation that depends on the jurisdiction and the nature of transaction. These regulations are

obligated to ensure the transparencies and fairness to the information in a commercial

transaction. For Emily and johns’ case, John’s agreement with Michael without Emily’s consent
may seem unfair but John did try to get in contact with Emily, therefore this gesture eliminates

the unfairness from John’s side.

Communication Regulations: A contract is legally binding as soon as acceptance is received,

regardless of whether the person who made the offer reads the acceptance
(Australian Contract Law 2019)
. The importance of method and timing in a contractual law is significant. The

regulations might govern how and when the communications are considered effective. Since,

John has informed Emily through emails and text, John’s agreement with Michael stands,

regardless of Emily reading her Emails and texts.

Analysis of the frameworks to the particular facts

Contract Law: The principles of offer and acceptance are the mainstream to the contract law.

John’s advertisement of the bicycle sale can be treated as an invitation to treat, where as Emily’s

proposal of $1,600 may be more of an inquiry than a counter-offer and John’s subsequent offer

of $1,800 creates a sequel of negotiations. The time and sequences of this offers and acceptances

determines the contractual commitment. The establishment of legal standing depends on the

communication and the nature of interaction. In 1919, the "intention to create legal relations"

doctrine was established in Balfour v Balfour, a Court of Appeal case in Ceylon. The case

involved a married couple who tried to enforce a promise to pay £30 per month for maintenance.

The court ruled that agreements without an explicit intention to create legal obligations were
(‘Balfour v Balfour [1919] 2 KB 57
unenforceable, establishing the principle of intention to create legal relations
 . Similar to this case, Emily did not have a legal bind with John,

therefore her agreement with John is rendered as unenforceable.

Consumer protection Regulations: The potential buyer Emily might have benefited from

consumer protection regulations. This regulation ensures the fairness and transparency in the

transaction. If Emily is frustrated with the perceived breach of fair dealing, this regulation might

be the solution to this event. Similar to the case of John and Emily, we delve into the case of
(Brothers and Wahlbeck 1981)
, the Truth in Lending Act (TILA), a law designed to protect

consumers, is being criticized for not taking into account plain language and the Federal Reserve

Board's interpretation. Critics argue that TILA's regulations, which mandate clear and easy-to-

understand disclosure of information, may actually hinder its goal of protecting consumers. So,

in the case of John and Emily we get to know that there weren’t any fairness and transparency in

their case.

Communication Regulations: The case involves the communication between John and Emily

through an online forum, email and text messages. The Regulations regarding the effectiveness

of instantaneous communication is important in this case. If this jurisdiction has a specific law

regarding the time of acceptance and the time in which communications are considered as

received, this will create a contractual position within the parties. The case of
(‘AIR WISCONSIN AIRLINES CO
, the Colorado

Supreme Court disagreed with the previous court's interpretation of material falsity in the

Aviation and Transportation Security Act (ATSA). They determined that the standard for

deciding materiality should consider whether a hypothetical reader or listener, such as a security

officer, would find the information significant. Similar to this case John and Emily did not have

an effective communication, which resulted in the rise of the issue.

Conclusion

The case of John and Emily highlights a mix of intricate legal issues. We must consider contract

law, consumer protection regulations, and communication regulations. Important factors include

the effectiveness of instant communication, the sequence of offers and acceptances, and whether

there was an intention to create a legal agreement. A thorough analysis of these factors is crucial

to comprehend the legal implications in this complex scenario.

 REFERENCE

Australian Contract Law. 2019. ‘Agreement Overview’. Square Space. March 2019.

https://www.australiancontractlaw.info/law/agreement#:~:text=The%20general%20rule%20is%20that

%20an%20agreement%20is%20concluded%20when,they%20do%20not%20read%20it).

‘Balfour v Balfour [1919] 2 KB 571’. 1919.

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highered/blaw/content110/case_summaries/balfour_vs_balfour.pdf.

Brothers, Anderson, and Paul J Wahlbeck. 1981. ‘Anderson Brothers Ford v. Valencia 452 U.S. 205

(1981)’.

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/http://supremecourtopinions.wustl.edu/

files/opinion_pdfs/1980/80-84.pdf.

Shavell, Steven. 2003. ‘NBER WORKING PAPER SERIES ECONOMIC ANALYSIS OF

CONTRACT LAW’. http://www.nber.org/papers/w9696.

‘AIR WISCONSIN AIRLINES CORP. v. HOEPER 134 S. Ct. 852 (2014)’. 2014. chrome-

extension://efaidnbmnnnibpcajpcglclefindmkaj/https://supreme.justia.com/cases/federal/us/

571/12-315/case.pdf.

The Australian Consumer Law. 2010. ‘Schedule 2-The Australian Consumer Law Note: The

Australian Consumer Law Forms Schedule 2 of the Competition and Consumer Act 2010.

Schedule 2-The Australian Consumer Law CONTENT of Schedule 2’.

www.comlaw.gov.au.