Need it done acc to guidelines

Law based Questions
Question 1:
The Constitution of Australia, knows as Commonwealth of Australia Constitution Act 1990, creates the federal or commonwealth structure of the Australia. It outlines the structure of the Parliament, powers of the parliament, distribution of powers between federal and states governments, etc.
Through the enactment of Constitution, existing powers of the state are shared with federal government in such a way that few powers transfe
ed to the federal government while few remains with state. Some of the powers are shared between both of them. This allocation of law-making powers is termed as Division of Powers which has three categories – Exclusive Powers, Concu
ent Powers and Residuary Powers
.
Exclusive powers are those where only Federal government can make laws and states are not allowed to legislate. These are basically the areas of national interest and security such as defence, immigration, cu
ency, military forces, etc. As the name suggest, these powers are exclusive in nature and Sec 51 authorises only federal government to deal with them and legislate on it.
Few of the law-making powers which have been shared with both the Federal and state governments, thus can be exercised by both of them, known as Concu
ent Powers. These are non-exclusive in nature and thus both the government can legislate upon it. However, as provided in Sec 109, in case of conflict between state and federal laws, the federal law will prevail over the state law to the extent of inconsistency
.
Remaining areas which are not covered by the Constitution and remained within the state authority are known as Residual Powers
. These are not transfe
ed to the federal government and thus only state enjoys the authority to make law in these areas. It includes u
an planning, civil law, education, health, etc.
Question 2
To examine the above transaction with reference to the Contract law, it is imperative to refer the meaning of contract and the essential elements for formation of a valid contract. As per the Contract Law, a Contract is a promise (or set of promises) that is legally binding and should possess below elements to make it legally enforceable
.
An agreement (which includes offer and its acceptance): It is the first and foremost requirement of any contract and has two basic parts – offer and acceptance and requires meeting of mind between two parties to a
ive at a consensus. Offer can be made in any form and creates legal binding among the parties if the offer made by one part to do something (or not to do something) is accepted by the other party. Offer can be made to an individual or public at large. It is to be noted that offer is different from the invitation to deal. In the later, there is further scope of negotiation while in the case of offer, it is not the case. Advertisements or auctions are generally termed as invitation to deal whereas automatic vending machines are generally classified as offer.
In the instant case, there is an offer made by the vending machine to public at large to sell the specified product. Such offer is accepted by the buyer though putting the coin in the machine as per the terms of offer. This offer also shows the intention of the offeror to bind him in the contractual relationship if offer is accepted by the offeree
.
Consideration: It is the price or benefit asked by the offeror from the offeree in exchange of offer or promise. In common law, for an agreement to be enforceable, it is must for the offeree to pay some consideration (payment in any form or kind) for the offer he received. Price of $3.5 for purchasing chips and snacks constitute valid consideration in the instant transaction (Ryder, Griffiths & Singh, 2015).
Intention to create legal relations: For any agreement to be termed as Contract there must exists an intention of the parties to legally bind them. Normally, this is reflected through the consideration however, it needs to be verified independently as well (Harkins, 2016).
Capacity to contract: Another important element to constitute a valid contract is the capacity of the parties to enter into a contract. Persons of the ordinary sound mind are presumed to ca
y capacity to contract. There are certain persons who cannot enter into a contract such as minors, mentally disabled, intoxication, bankrupt, etc. It appears from the facts of the case that both the parties are competent to enter into a contract as none of the parties ca
y any disability (Bennett, 2014).
Certainty: As per the primary rule, certainty...