Julia
In Memoriam
- Joined
- 10 May 2005
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This is an invitation to treat, and so the previous discussions are not strictly binding. As McLovin points out, only the final agreement will be binding/enforceable. However, I would add that, reading the documents/communications as a whole (including the email stating 'everything as discussed'), while not actually including many of the specifics which were both discussed and crucial/provisional to you signing the contract would be misleading and deceptive conduct (s18 of the Australian Consumer Law, previously s52 of the TPA). However, given that you didn't sign and presumably suffered no loss, there's not really anything to be done now. Just FYI...
While withdrawing and changing an offer is in no way illegal, representing that it is the same offer as previously discussed would be misleading. The courts have taken a fairly expansive interpretation of what can constitute misleading/deceptive conduct.
Thanks for your comments, Herzy and Mc Lovin.Interesting Herzy, thanks. Does there need to be financial loss in order to be prosectued under the ACL? Obviously, Julia couldn't sue for damages but a breach of the act has occurred.
My memory of contract law doesn't extend much beyond the Carbolic Smoke Ball Company.
I'd never have thought his behaviour was illegal, just lacking in integrity and for me very disappointing.
Deceptive even. I was fortunately within the cooling off period of the land contract so was able to withdraw and think about the whole project further without much cost.
I only raised it as a very minor example of the sort of everyday misleading behaviour one has to be on the lookout for, and to underline the need for us as individuals to take responsibility not to be so misled.