Contractual Agreements and Communication Technology Essay

6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement?

On May 22nd, Bishop wrote to this company that is accepting this offer. But this company did not receive this letter until May 30th. And Armstrong refused to sell mica to Bishop at $187 instead of $180 because the price was increasing.

A contract is simply an agreement which has legal value so that it is binding on both the parties, and each of the party can enforce it lawfully in case of any contravention of the terms of agreement. For an agreement to take the form of a contract, it is necessary for it to contain four essential components of a legally binding contract . These include,

Although Amy did not accept the offer from Dr Hu to purchase her medical equipment in the prescribed form of post, her acceptance is still valid. It was suggested that ‘where the offeror has prescribed a particular method of acceptance, but not in terms insisting that only acceptance in that mode shall be binding, that acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract’ . Therefore suggesting that even though Amy did not respond via post as was asked by Dr Hu, the wording in Dr Hu’s email said that ‘you can respond’, can meaning that it was not specified as the only means of accepting the offer, and that other means of acceptance would be seen to form a binding agreement between the two parties. As Amy’s email was in no way less advantageous to Dr Hu it can be seen as a valid acceptance of the offer that was put to Amy. Amy sent her email of acceptance to the email that she received the email from, which conforms with Section 13A(a) of the Electronic Transactions Act 2000 (NSW) which states ‘the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee’

In the case that the email is accepted by the courts as a written agreement, the considerations supporting this agreement are:

2. Determination of the party(ies) to whom the purported offer has been addressed (less like an offer with indefinite group).

In this case, Emma want to buy a television from Tony. The consideration is a promise to pay a certain amount of money in return of the television or a promise of offer the television in return of a certain amount of money paid. The consideration took the form of the exchange of promise. It is an executory consideration, which is valid in law.

For there to be an agreement, the elements of offer and acceptance need to be properly satisfied. H offers to deliver the timber for $90,000, which then becomes binding when J accepts this offer by promising to pay the sum total of $90,000 for the timber, which is unqualified acceptance (Lawbook, 2006, 7.1.370). The offer is communicated and accepted by word of mouth (Felthouse v Bindley). Therefore it can be concluded that there is sufficient offer and acceptance between H and J for tha agreed additional $30,000.

It is important to differentiate between offer and invitation to treat based on the intention of parties. For instance, the intention of whether the maker of the statement intend to bound by the acceptance of his terms of the proposal without further negotiation, if yes then it can be said he has made the proposal. In the other side, we need to see whether he intend his statement to be the part to continue the negotiation process, if yes then he has made the invitation to threat. One of the circumstance of ITT is an advertisement which attracts the other party to make an offer based on the information inserted in newspaper or magazine. In the case of Partridge v. Crittenden [1986] 2 A11 ER 421, D inserted an advertisement in a magazine for caged bird enthusiasts stating that he had finches for sale at $25each.D was prosecuted and convicted as he makes its illegal to offer finches for sale .D appealed. On appeal, the court held that he had been convicted wrongly as that the advertisement is not an offer but merely is an

The individual making the offer is known as the offeror, and the individual who has the expert to acknowledge the offer is known as the offeree. An offer has three qualities that set it apart from a preparatory transaction. To start with, the dialect of an offer is unequivocal and

Sufficient consideration occurred (promise of money in exchange for the artefact) representing quid pro quo. Intention to create legal relations existed due to the commercial setting (as opposed to

In BROGDEN v METROPOLITAN RAIL CO it was held the railway company had accepted by placing orders since the amendment of the document, and in TRENTHAM LTD v ARCHITAL LUXFER the court used the 'reasonable man' to identify whether or not there has been acceptance. Both cases seemed to have reasonable outcomes; therefore the courts had been provided with satisfactory rules to help them reach a appropriate verdict. There are various different rules regarding acceptance. There must be a communication of acceptance from the offeree to the offeror. The case of YATES BUILDING v PULLEYN deals whether there had been a prescribed acceptance or not. It was held that there was no practical difference to the offeror therefore the acceptance method was binding. However in the case of ENTORES LTD v MILES FAR EAST CORPORATION there was no prescribed acceptance, yet it was held that the contract was formed in England as that was there acceptance had been received by telex. Other rules that can be used to decide whether there has been acceptance include a waiver of communication of acceptance; silence, which isn't a valid acceptance; ignorance, generally there isn't a binding contract; and acceptance via post using the postal rule. The postal rule can often be misused, as it states that a contract has been formed as

Acceptance is assessed on whether there was a ‘meeting of the minds’ and that the acceptance corresponds with the offer. This is taken as an objective approach and can be concluded that acceptance has occurred where a person conducts themselves in such a way that a reasonable person would believe that they were assenting to the terms of the contract. PST had sent Alex a telegram informing her that she was the successful candidate, alongside having correspondence via mobile in which PST informed Alex to come to the rehearsal, which in accordance with the advertisement ensured Alex would receive an all expenses paid trip. This suggests that Alex’s offer was accepted by the band, and the band’s conduct in telling Alex where rehearsals were being held, along side an additional promise of $2000 at the rehearsal, would insinuate to a reasonable person that acceptance had occurred. Under this

Consideration – a requirement to form a contract; typically one party makes an offer for a service and another party accepts this service in exchange for monetary compensation.

Further to case Dunlop v Higgins[3], is in same situation, Dunlop send to offer to Higgins. In the communication delay time, Dunlop’s good prices have increased. Higgins has posted the letter of acceptance when he received the offer from Dunlop. Dunlop’s won’t to supply the goods to Higgins with old prices. By Postal Acceptance Rule, hence Dunlop must comply with their offer supply the goods to Higgins with old prices.