Real life example:
An example of a contract in our everyday life would be a ticket for example a Groovin the Moo ticket. When someone purchases a ticket it is like entering into a contract. It displays all the six elements of a valid contract; Intent to create legal relations, offer, acceptance, consideration, capacity and legality.
There is obviously intention shown by the ticket company to sell their product as there would have been advertisement displaying their interest in creating legal relation with the buyer of the ticket. This agreement between both parties is also neither social nor a domestic agreement which therefore means that the intent to create legal relations is evident.
The element of an offer is also shown as one party being the offeree is entering into a legally binding contract with another party being that offerer. The offer to buy the ticket is being made to the world as it is displayed publicly.
Acceptance is shown when the oferee buys the ticket. By purchasing the ticket they have agreed or accepted to the terms and condition of the ticket. Therefore they have agreed the proposal made by the person making the offer.
Both parties have received or given up something of value in exchange for something else of value. This shows that consideration is present in this contract as there has been some gain or benefit. In this case it is shown when the ticket seller surrenders the ticket in exchange for money that the buyer gives up to receive the ticket. Both parties have received something of value and given up something of value.
For someone to buy this ticket they would have to understand their legal obligations under the contract. They would also have to abide by the strict regulations.
The purchasing of a concert ticket is a lawful act therefore legality has been shown in this instance. If however you were to purchase a ticket to an illegal event then it would not be a valid contract as it would not have legality.
The following is a copy of the terms and conditions for purchase of a Groovin the moo ticket;
MOSHTIX TERMS AND CONDITIONS FOR TICKET PURCHASE
1. This is an all ages event (16 + recommended).
2. No refunds or exchanges on any ticket except as required by and/or specified by the Entertainment Industry Code of Fair Practice. Incorrect purchases are NOT guaranteed a refund and are at the discretion of the promoter.
3. Tickets may be re-issued 2 times. This incurs a fee of $6.00 per ticket. Ticket re-issues will close 8:00am show day.
4. Your barcoded print out ticket is your ticket to the event, this must be presented at the gate to gain entry. Your ticket will be emailed to the email address specified during booking as a PDF attachment once your card has been successfully charged. If you are unable to print your ticket(s) or do not receive your ticket(s) please bring photo ID and the credit card used to purchase the ticket to the event entry gate. moshtix staff members can then look up your booking from your details.
5. At the point of entry the ticket presented must match the FULL NAME specified in the booking history and you will be asked to present a current matching driver's license, "RTA Proof of Age" card or Passport that matches this information.
6. You must Nominate ALL attendee FULL NAMES and and DATE OF BIRTH and receive separate barcoded tickets for everyone, each person may then arrive separately. Each ticket will be emailed separately.
7. If you agree to purchase tickets under these conditions, you can then purchase up to 8 tickets (maximum of 4 during the presale period for eligibale customers) using your credit card, multiple transactions by the same customer may be cancelled at the discretion of moshtix/promoter.
8. Each ticket attracts a booking fee, which are inclusive of GST. We accept MasterCard, VISA (& Amex).
9. The pomoter/venue reserves the right to withdraw, reschedule or substitute artists and/or vary advertised prices, event times and inclusions without notice. The promoter/venue reserves the right of admission.
10. Should the event be cancelled or rescheduled, moshtix will contact and inform customers.
11. It is a condition of sale that tickets may not be offered for re-sale on 3rd party websites such as ebay or Gumtree. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the bearer of the ticket may be refused admission.
12. We play rain or shine.
13. Groovin the Moo is a licensed all ages (16 + recommended) event. The promoter recommends parents should consider whether the event is appropriate for their child and recommends that any children under 16 years of age who attend the event are accompanied by their parent or guardian.
14. The Promoter reserves the right to refuse a ticketholder admission to the event or to evict that person from the event in any of the following circumstances: a) if the ticketholder fails to produce appropriate identification as proof of age; b) if the ticketholder refuses to make their clothes, bags, containers or other possessions available for search by the Promoter/ Security; c) if the ticketholder is affected by the consumption of alcohol or drugs. d) if the ticketholder participates in dangerous activities including aggressive dancing, moshing, stage diving, crowd surfing and climbing.
15. Entry is at own risk.
16. The Promoter and the owner and or lessee of the Venue shall not be held liable for any loss, injury or damages sustained entering or within the Venue whether caused by the negligence of the Promoter or that owner or lessee or otherwise.
17. Small still cameras, including small digital cameras, are permitted but no sound or video recorders will be allowed inside the Venue. Professional cameras of any kind are not allowed on site without authority from the Promoter.
18. Bottles, cans, weapons, lasers, fireworks, umbrellas, illicit drugs and alcohol are prohibited items and will not be permitted in to the Venue. All bags/containers are subject to a full search at entry to ensure the safety of patrons. Prohibited items that are confiscated will not be returned.
19. Ticket holders consent to filming and sound recording as members of the audience.
20. No pass outs will be issued unless otherwise advised.
21. Patrons who wish to consume alcohol must have photographic identification. Anyone found to be supplying or buying alcohol for a minor will be evicted from the Venue and will possibly face criminal charges.
22. In the case of an emergency evacuation or situation, you must follow all official directives.
23. moshtix provides this service on behalf of the event promoter/venue.
24. All tickets and products are GST inclusive and priced in Australian dollars
(GTM 2013 Terms & Conditions , 2013)
Exemption clauses are also included in this ticket when it states;
15. Entry is at own risk.
16. The Promoter and the owner and or lessee of the Venue shall not be held liable for any loss, injury or damages sustained entering or within the Venue whether caused by the negligence of the Promoter or that owner or lessee or otherwise.
An example of a contract in our everyday life would be a ticket for example a Groovin the Moo ticket. When someone purchases a ticket it is like entering into a contract. It displays all the six elements of a valid contract; Intent to create legal relations, offer, acceptance, consideration, capacity and legality.
There is obviously intention shown by the ticket company to sell their product as there would have been advertisement displaying their interest in creating legal relation with the buyer of the ticket. This agreement between both parties is also neither social nor a domestic agreement which therefore means that the intent to create legal relations is evident.
The element of an offer is also shown as one party being the offeree is entering into a legally binding contract with another party being that offerer. The offer to buy the ticket is being made to the world as it is displayed publicly.
Acceptance is shown when the oferee buys the ticket. By purchasing the ticket they have agreed or accepted to the terms and condition of the ticket. Therefore they have agreed the proposal made by the person making the offer.
Both parties have received or given up something of value in exchange for something else of value. This shows that consideration is present in this contract as there has been some gain or benefit. In this case it is shown when the ticket seller surrenders the ticket in exchange for money that the buyer gives up to receive the ticket. Both parties have received something of value and given up something of value.
For someone to buy this ticket they would have to understand their legal obligations under the contract. They would also have to abide by the strict regulations.
The purchasing of a concert ticket is a lawful act therefore legality has been shown in this instance. If however you were to purchase a ticket to an illegal event then it would not be a valid contract as it would not have legality.
The following is a copy of the terms and conditions for purchase of a Groovin the moo ticket;
MOSHTIX TERMS AND CONDITIONS FOR TICKET PURCHASE
1. This is an all ages event (16 + recommended).
2. No refunds or exchanges on any ticket except as required by and/or specified by the Entertainment Industry Code of Fair Practice. Incorrect purchases are NOT guaranteed a refund and are at the discretion of the promoter.
3. Tickets may be re-issued 2 times. This incurs a fee of $6.00 per ticket. Ticket re-issues will close 8:00am show day.
4. Your barcoded print out ticket is your ticket to the event, this must be presented at the gate to gain entry. Your ticket will be emailed to the email address specified during booking as a PDF attachment once your card has been successfully charged. If you are unable to print your ticket(s) or do not receive your ticket(s) please bring photo ID and the credit card used to purchase the ticket to the event entry gate. moshtix staff members can then look up your booking from your details.
5. At the point of entry the ticket presented must match the FULL NAME specified in the booking history and you will be asked to present a current matching driver's license, "RTA Proof of Age" card or Passport that matches this information.
6. You must Nominate ALL attendee FULL NAMES and and DATE OF BIRTH and receive separate barcoded tickets for everyone, each person may then arrive separately. Each ticket will be emailed separately.
7. If you agree to purchase tickets under these conditions, you can then purchase up to 8 tickets (maximum of 4 during the presale period for eligibale customers) using your credit card, multiple transactions by the same customer may be cancelled at the discretion of moshtix/promoter.
8. Each ticket attracts a booking fee, which are inclusive of GST. We accept MasterCard, VISA (& Amex).
9. The pomoter/venue reserves the right to withdraw, reschedule or substitute artists and/or vary advertised prices, event times and inclusions without notice. The promoter/venue reserves the right of admission.
10. Should the event be cancelled or rescheduled, moshtix will contact and inform customers.
11. It is a condition of sale that tickets may not be offered for re-sale on 3rd party websites such as ebay or Gumtree. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the bearer of the ticket may be refused admission.
12. We play rain or shine.
13. Groovin the Moo is a licensed all ages (16 + recommended) event. The promoter recommends parents should consider whether the event is appropriate for their child and recommends that any children under 16 years of age who attend the event are accompanied by their parent or guardian.
14. The Promoter reserves the right to refuse a ticketholder admission to the event or to evict that person from the event in any of the following circumstances: a) if the ticketholder fails to produce appropriate identification as proof of age; b) if the ticketholder refuses to make their clothes, bags, containers or other possessions available for search by the Promoter/ Security; c) if the ticketholder is affected by the consumption of alcohol or drugs. d) if the ticketholder participates in dangerous activities including aggressive dancing, moshing, stage diving, crowd surfing and climbing.
15. Entry is at own risk.
16. The Promoter and the owner and or lessee of the Venue shall not be held liable for any loss, injury or damages sustained entering or within the Venue whether caused by the negligence of the Promoter or that owner or lessee or otherwise.
17. Small still cameras, including small digital cameras, are permitted but no sound or video recorders will be allowed inside the Venue. Professional cameras of any kind are not allowed on site without authority from the Promoter.
18. Bottles, cans, weapons, lasers, fireworks, umbrellas, illicit drugs and alcohol are prohibited items and will not be permitted in to the Venue. All bags/containers are subject to a full search at entry to ensure the safety of patrons. Prohibited items that are confiscated will not be returned.
19. Ticket holders consent to filming and sound recording as members of the audience.
20. No pass outs will be issued unless otherwise advised.
21. Patrons who wish to consume alcohol must have photographic identification. Anyone found to be supplying or buying alcohol for a minor will be evicted from the Venue and will possibly face criminal charges.
22. In the case of an emergency evacuation or situation, you must follow all official directives.
23. moshtix provides this service on behalf of the event promoter/venue.
24. All tickets and products are GST inclusive and priced in Australian dollars
(GTM 2013 Terms & Conditions , 2013)
Exemption clauses are also included in this ticket when it states;
15. Entry is at own risk.
16. The Promoter and the owner and or lessee of the Venue shall not be held liable for any loss, injury or damages sustained entering or within the Venue whether caused by the negligence of the Promoter or that owner or lessee or otherwise.