The legal issue is whether the element of agreement required for the formation of a contract can be established between Orlando and Helen. Step 2 All of the agreements cannot be termed as contract. Contracts are those agreements that can be enforced at law. Therefore, the term contract has a narrower scope than an agreement. For a legally enforceable contract, three main requirements are required to be fulfilled – offer and acceptance, consideration, and intention of legal consequences. The elements needed to be discussed are those of a valid contract formation. Agreement refers to consensus by those required for a transaction. Parties reach to an agreement when both offer as well as acceptance is present. An offer refers to the terms in which the person is primed to be bound. The offer should have certain specified characteristics. First, an offer should be promissory – an undertaking of liability. This has been explained in the case, “Placer development Ltd v Commonwealth.” In this case, the government promised to pay subsidy to the organization importing timber into Australia. Initially, some of the payments were made to the importers but stopped later. When money was not received by one of the importers, they filed a suit against government. It was held by the court that it cannot be considered as an offer since the time and amount of the payment re not clear.
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