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Question 1: a)

This problem question contains various issues that need to be explored. However, the two major issues that need to be argued are whether or not a contract exists between the parties and if the reasonable notice has been given.

For the first issue, to be legally classified as a valid simple contract, there are three essential elements:

Elements of contract:

(1). Agreement in the form of an offer and acceptance

(2). Intention to create legal relation.

(3). Consideration.


Basically, an agreement is reached when the conduct of the parties involved can be characterized in term of an offer by one party and an acceptance by another. [Brogden v Metropolitan Railway Co.] 1. In this case, where Save The Frogs charity sells the lottery with a prize, there was an offer made by the charity. And this offer is considered to be accepted by Sandra and Ned when they purchased the lottery ticket.


Parties to a commercial or business agreement are presumed to be legally bound while those to family or social agreement are presumed not to be legally bound. And it's intends to be a legally bound. (University of Pennsylvania Law Review) 2. If the court interpreted that there is a proof of the act that creates intention to an agreement, a legal enforcement will be granted.

The information of intention has given us in the case. However there's no family or social relationship between Save The Frogs charity and customers, we could presume that there's a commercial agreement between them. The parties create serious legal relationship.

1. (1877) 2 App Cas 666, H.L

2. Jun2004, Vol. 152 Issue 6, p1829, 44p


An agreement with specific terms between two or more persons or entities in which there is a promise to do something in...