The Case Of Postal Acceptance Rule And Conditional Acceptance

Accordingly, the Legal Department sets out below a general background and practice of Postal Acceptance Rule (PAR) and its application to the business world at present in Australia. We enclose with the modification of PAR in response to ongoing changes in transaction acts and technology nowadays. Regarding Conditional Acceptance, the case of Master v Cameron will be utilized as an example and set as background for recommendations for our business.

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’

PARTIES: IN THE MATTER of the Legal Profession Act 2004 (Qld) and the Supreme Court (Legal practitioner Admission) Rules 2004

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

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Australian contract law is based on Common Law as originated from the British tradition. However, as noted by Australian Government (2012), said law is currently under review and subject to evolution in the near future. This will be some relevance to the discussion hereafter, which considers the implications of a contract between the parties of JG (the represented) and ITMS (the representation) and further consider the implications of a conflict arising over this contract.

Therefore, payment process claims cannot be reduced to an assembly line check list to be followed in automaton fashion and nothing in this report concerning the standard form contracts should be interpreted in that fashion. There is no magic bullet. With this caution in maid I will turn to consider some standard form of contracts and how they each deal with payment process claims.

As a doctrine in contract law, the postal acceptance rule states that if mail is a rational means of delivery for an acceptance, the acceptance becomes applicable on the date its postmarked and dropped in the mailbox ("What is the Mailbox Rule?" n.d.). Therefore, the rule is applicable for payments in insurance premiums where it's considered as a way of accepting the contract with its postmarked date being the acceptance date. Since its inception and establishment in the early 1800s, the postal acceptance rule is a common characteristic of legal standards in various nations like Australia.

A.Register an Australian company through a number of business service providers who use software that deals directly with ASIC. Firstly, search business directories or the internet for ‘shelf company services’ or ‘Australian company registration’. Because these providers can also offer full company secretarial services covering registers, consents and share certificates. At the same time, we can complete the Application for registration as an Australian company (Form 201), and sign it. Secondly, mail the form with the application fee to ASIC. Then, when they receive it, they will give the company an ANC, register the company and issue a Certificate of Registration. Finally, after two days of registration, ASIC will issue a unique eight-digit number associated with your company 's ACN (known as the 'corporate key ') to our company’s registered office address. We can use the corporate key to register to view company records, lodge forms for the company and receive annual statements online. It must be included on some paper forms we may lodge to change your company details.

So where the offeror specifies a particular method of acceptance, it must be followed exactly (Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd). If not, acceptance is not effective. 验收必须符合要约条款。

Although emphasis was placed on the above case concerning a tender, and not an offer, similarities between the case details are evident. Although respondent is not bound to consider all offers as a result of an invitation to treat, due to him already entering into part negotiations by stating he would consider the appellants offer. The respondent may therefore be bound to check the post on the final day of the offer incase any letters had arrived from the appellant. Further emphasis may be placed on this, due to the fact that one of his offers had been made via postal communication. Therefore it is likely that further means of communication from the appellant would also likely to be in the form of postal communication.

Clearly, it is essential that when contracts are created using the postal system as a means of communication it must possible to determine at what point the agreement becomes legally enforceable. When using the postal system there is an inevitable risk that communications could be lost or delayed which, but for the postal rule would create uncertainty for the party who is providing acceptance of the offer. Therefore, unless the offeror had prescribed a specific or alternative method of communication it is the dispatch theory that is applied in English contract law regarding the acceptance of agreements that are made using the postal system, this confirms certainty in the mind of the offeree. This rule became established in English contract law as the result of the decision made in Adams v Lindsell (1818) 106 ER 250. This was subsequently confirmed in The

Conditional acceptance falls under the first rule and occurs when an offeree accepts an offer, provided that changes are made to certain terms or a condition or event is carried out. This essay will discuss whether acceptance given conditionally will still result in a legally binding agreement; it will highlight various principles such as subject to finance clauses, conditional precedents, and agreements subject to a final contract, counter-offers and ambiguous and uncertain terms.

In the recent past, most Australian and English courts would emphasize on the practice and application of solving contractual disputes traditionally. The traditional system renders the court a freedom to practice jurisdiction without considering the extrinsic values of the transaction. However, with the intervention of the modern parole framework of assessing evidence, judges admit it is easy to administer justice. The jurisdiction is verified after critically evaluating the background of the parties and the contract in a significant correlation to the core aim of a contract. Additionally, in some instances, the court will consider evidence of prior negotiations. However it is practical in the case where the parties are unaware of the belying facts and that these facts will not manifest any form of biasedness amongst the contradicting parties. The approach enables the Australian jurisdiction to obtain adequate background research of a case to administer

Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business. In order to a contract come into being between parties, the offer is made by the offeror and the oferee accept that offer. In 21st century, there are rapid changes in business trend which create lots of new business model such as e-business and global business. The more business participates, the more requirements of Offer and Acceptance Rules to adapt to the change. In this essay, we are going to look at the Rules of Offer and Acceptance, how do they affect business contract and whether these rules make good business sense in 21st century or not.