Essays on Relevant Laws Applicable in relation to Relevant Authority Assignment

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The paper "Relevant Laws Applicable in relation to Relevant Authority" is a good example of a law assignment.   In the case at hand, the legal case would be the question of whether or not Peter and Billy have reached an agreement enforceable by legal contract law in relation to the publishing contract. Since the element of the agreement is required in contract formation together with consideration and intention, it must be argued out if an enforceable agreement was reached and if the three basic requirements of an enforceable contract are present. Relevant laws applicable in relation to the relevant authority According to Lambiris (2012 p.

41), the acceptance may only be considered effective when communicated to the offeror; Henthorn v Fraser [1892] 2 Ch 27. In the case, the plaintiff got a post from the defendant offering to buy certain stated property within the stipulated time of 14 days. Consequently, the plaintiff sent a response to the offeror accepting the offer on the next day via post. Despite the fact that the acceptance had been posted but not received, the defendant posted another letter withdrawing the offer without the knowledge that the acceptance had been sent by the addressee.

The court ruled that the offer made was accepted at the time the acceptance post was completed and mailed back. Therefore, according to Henthorn v Fraser, acceptance by post is considered to have taken effect when the addressee posts the email or acceptance post (Lambiris 2012 p. 41). Additionally, according to the Australian law, communication by post is valid communication since receipt of the email is said to have taken place when the email reaches the personal equipment established for such communication purposes or when the communication comes to the attention of the receiver; Electronic Transaction (Victoria) Act 2000 (Lambiris 2012 p.

42). It is the obligation of the offeror to establish the due time during which the offer shall remain open and can be accepted by the other party on the specified terms; Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256. In their case, the use of the Carbollic Smoke Ball to cure and prevent contraction of influenza was taken primarily as a term in their advertisement since the information provided specifically stated that the use of the product thrice time daily for two weeks would ensure that the consumer was well within the stipulated time given in the contract.

Mrs. Louisa Elizabeth Carlill contracted the disease within the terms of the contract since she was using the smoke ball consistently for three consecutive months, and still contracted the disease. She was therefore qualified for the reward of £ 100 set as consideration upon contracting the disease. Accordingly, the court ruled that despite Carbollic Smoke Co claiming that the contract was not binding, all elements of a binding contract were present and the setting up of £ 1,000 in a compensatory account with Alliance Bank implied that they intended to be legally bound.

Mrs. Carlill was compensated as the company moved to appeal the case. The offeror can as well cancel the offer at any time if he so chooses prior to the acceptance of the offer by the other party. Any delay on the addressee’ s part in accepting the offer regardless of communication means leading to a late acceptance may be considered a rejection or non-acceptance if the post was made after the revocation as discussed in Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH [1983] 2 AC 34; [1982] 1 All ER 293 (Lambiris 2012 p.

44).

References

Lambiris, M. First Principles of Business Law: Interactive Tutoriral and Source Book. New York: Wolters Kluwer, 2012.
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