It’s many years since I grappled with the intricacies of contract law in general, and the specifics of Carlill v the Carbolic Smoke Ball Company (1892) in particular.
Notwithstanding, I seem to recall that consideration must be exchanged if a valid contract can be said to exist between Crispin Hull and Nick Xenophon in regard to the payment of a bottle of Grange in return for accurately forecasting a hung parliament (“Who wins the Grange?’, Canberra Times, Forum, July 9, page2).
Given the lack of any consideration, or indeed, evidence of a transaction, Senator Xenophon is well within his rights to withhold the bottle of Grange should a hung parliament (have) eventuate(d).
Of course, Senator Xenophon could (have) well decide(d) to h…
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