Winter v Nemeth  NSWSC 644
Civil CasesThis is a civil case that concerns contract law and the alleged making of an agreement between friends. Civil cases involve a plaintiff (the person bringing the claim in court) and a defendant (the person arguing against the claim) and are decided on the balance of probabilities. When deciding on a civil case, the court must consider the evidence on the basis of what a reasonable person would think of what the parties said to each other, as well as taking into account all of the surrounding circumstances. The case was heard in the Supreme Court of New South Wales before Justice Campbell.
What is a ContractA contract is a binding agreement between parties. For a contract or legal agreement to be formed it must have several legal elements. These are:
- An offer made by one party; } Together being
- Acceptance of the offer by another party; } the ‘Agreement’
- Intention to create a legal relationship by the parties. There are certain categories where there is a presumption that the parties are not intending that their agreement will be a contract. This includes families and some social relationships.
- Consideration for the offer (that is a price given in exchange for the promise, otherwise known as the price paid for the offer).