澳洲 合同法问题 盼高手 急急急~~~~

来源:百度知道 编辑:UC知道 时间:2024/06/10 10:57:35
After a hot sleepless summer, John has decided to have a ceiling fan installed in his bedroom. He contacts Ada, a licensed electrician for a fixed-price quote. After an inspection, Ada provides John with a handwritten note on the back of her business card:

“Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.”

John advises Ada - ‘that fixed price looks good. I think we might go with that.’

The next day, Ada drops in a typed up document headed “Job Order” which contains the same information together with the following notation in small print on the back:

“The contractor reserves the right to charge for any additional work or costs to ensure the installation meets all current electrical safety standards.”

John doesn’t read the Job Order but signs and returns it anyway. Ada installs the fan two weeks later. However, John is shocked when he subsequently receives Ada’s

您好,我认为john不必付给Ada 800.
下面我用英文解释下吧,比较方便些:

According to Contract Law in Australia, there are some basic elements that shape a contract. One of them is what we usually called "meeing of minds".

At first, when Ada offered John a deal, which is “Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.” John actually did NOT accept the offer. There is NO contract between them.WHY?
Coz obviously, both John and Ada preferred to use written contracr instead of oral one. That's why the next day Ada dropped in the document to John who signed it afterwards.
Few points needed to be aware of:

1. “Estimate: Supply and fit of electric fan to bedroom –
Fan $200
Labour and materials: $300
Total: $500.”

John advises Ada - ‘that fixed price looks good. I think we might go with that.’

We may say there is an oral contract exits if no one arg