Contractual Agreements and Communication Technology Essay

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Table of Contents QUESTION 1. 3 QUESTION 2. 7 Reference List 10 QUESTION 1. Issues of this case: Could the offer acceptance by e-mail be capable of creating contractual relationships? Was there a breach of contract? The matter of the case is regulated by Contract Law. Contractual nature A contract can be defined as “an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enfoufceable in a court of law”. (Andy & Douglas, 2013, p.307). Though every contract involves an agreement, not every agreement is legally forceable and will result in contract. It is necessary to find out weather the agreement between parties was inteded to be regarded by the law as…show more content…
However, David asked Charlie to give him time to make decicion in the nearest time. It would probably is a clarification of counter-offer. David tried to vary the terms and conditions set be Charlie, which is a rejection of the original offer. However, offeree who is simply clarifies the terms of the contract is not making a counter-offer (Vicker&Pendleton, 2006, p.279). Intention to creat legal relations and OFFER The issue of this case is simillar to the issue of Ford&Anor v LaForrest &Ors [2001] QSC 261. Ms La Forrest was an appellant bringing an action against a number of parties for injuries she suffered at Jupiter’s Casino. The appelant sent an e-mail to soslicitors of two defendants notifying them that she was preapared to accept their offer of settlement. Later on the same day solicitors confirmed acceptance and said they would prepare discharge papers. Duly the defendants forwarded the discharged papers to the appellant, but she did not accept terms and refused to sign them. Court held that the acceptance by e-mail was capable of creating binding agreement and creating legal relations. In terms of the task case, it can be an offer as it was specially made for David. It was hardly an expression of interest to sell a car available for everyone. After all, when David notified Charlie about her willingness to buy the car, he did not reply,

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