Where a quotation invites acceptance by signature and return but does not use mandatory language, oral acceptance is effective to create a binding contract. A request by party A for party B to perform services on land owned by a third party C gives rise to an obligation on A to pay reasonable remuneration; B need not separately prove that the services benefited A. The exception to mediation privilege in s 71(3)(c) of the Supreme Court Act 1935 (WA) requires specific and express provision in the Rules of Court and cannot be engaged by a case management order.
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