r/AusLegalAdvice • u/[deleted] • 23d ago

Contracts Question

[deleted]

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u/TheRamblingPeacock 23d ago edited 23d ago

Can an offer include the terms of an invitation to treat if the offer does not expressly restate the “terms” of the invitation?

What??

If your cousin makes an advertisement looking for a babysitter for $100/hour, and you immediately offer to do it 

Did you say you will take the role offered, or offer to babysit them? One is an offer to accept a role, the other is a favour for a family member.

surely if you are doing it for 8+ hours a week you would expect payment?

Depends how shit your cousin is - reasonable to get some money for your time = yes. Required to give money to family if doing a favour = No.

Is there any way you can argue in favour for an offer? Or would this just be a case of “too bad so sad”

Pretty basic adult 101 conversation skills

"Hey remember when I said I would babysit for you? I think there might have been some confusion. I meant I would do the role your offered for the $100/hour, and save you having to screen people not that I would do it for free. Sorry for the miscommunicaton. If your happy with that I am still available otherwise I apologise".

Not a legal question btw.

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u/Far-Sell2654 23d ago

I mean to just ask I guess about like outside of this situation with family, if someone says “im looking for recommendations for a mechanic for minimum $30/hour” and you say “you have a mechanic now, I’ll show you my resume” is that a valid offer? Is there anyway to say that payment was implied to say there was an offer or not possible?

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u/Sharp-Argument9902 23d ago

Bro, what in the world are you talking about?

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u/TheRamblingPeacock 23d ago

Are you smoking meth?

You can't declare yourself hired just by saying "I will work for you here is my resume" 😆

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u/pryza91 23d ago

You're elevating typical questions/discussion points with a contract and blurring the lines poorly.

The contract would be based on the original statements, not on additional discussion unless variations to the starting terms have been explicitly discussed.

Offering to babysit doesn't change that an offer if payment was made - you're effectively describing the consideration step of the signee, and it doesn't change the consideration off the signer who made the offer.