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Classification of contracts

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Classification of contracts

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
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  • June 11, 2017 at 7:57 pm #392781
    Anonymous
    Inactive
    • Topics: 1
    • Replies: 0
    • ☆

    Kindly advise the contents of the case pet vs clarke (1927)

    June 12, 2017 at 1:57 pm #392851
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Never heard of it … and nor has Wikipedia!

    If you mean R v Clarke – that’s a case concerning acceptance of a reward contrat simply by taking action

    In similar reward cases, it has been established that knowledge of the reward was sufficient for the actions to be classed as acceptance

    But in the case R v Clarke, the Australian Court decided that, at the time of Clarke’s “acceptance” by giving information to the authority, the ONLY thing in Clarke’s mind was to be able to avoid the death penalty for being a member of the Ned Kelly Gang

    And when I say ‘the ONLY thing’ that’s exactly what the court decided and that any prior knowledge of the reward for information leading to the Gang’s arrest was not in the mind of Clarke

    And thus the Court decided that, at the time of this “acceptance”, Clarke was not aware of the reward and was thus unable to establish his claim

    Was that the case you meant?

    It’s one that bucks the trend, sadly for Clarke!

    OK?

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