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Commercial law ( commercial contracts ) - Essay Example

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Summary
An offer includes any statement which if objectively construed, should contain an unequivocal indication of a desire or willingness to be legally binding if its conditions are accepted. In commercial contracts, whether a specific statement amount to an offer or not will depend…
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Commercial law ( commercial contracts )
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Commercial law ( commercial contracts )

Download file to see previous pages... A contract is said to be formed only if such counter-offer is accepted.
The common practice is that until acceptance is conveyed to the offeror, it is not valid. Some exceptions in this regard are a) if the offeror has waived the requisite for communication b) when acceptance is communicated by post, it will be effective on posting. Communication sent through fax, telephone, computer, telex or fax is not effective until received by the offeror. Moreover, it is arduous to find when exactly a telex, fax, a message left on a telephone answering machine or e-mail message is actually “received.” Decided case laws on the subject indicate that the time when such a message becomes effective relies on a number of issues including customary business practices, the anticipations of the contracting parties and the court’s evaluation of which of them should bear the onus as decided in Brinkbon Ltd v Stahag Stad Gmbh1. In case of acceptance through the e-mail, the time when it will be effective has not yet been considered by the courts. It has been recommended that in case of e-mail acceptance, the postal rule can be applied as an intermediate is involved. Conversely, it is argued that general rule will be applicable, since e-mail messages are delivered instantaneous and there is no facility to find out when the e-mail message is actually delivered.
Any uncertainty provisions in the commercial contracts may make the contract non -binding. For instance, an agreement that a contract is to have a ‘regular force majeure stipulations ‘is not binding as the same is uncertain, since there are no ‘customary force majeure stipulations ‘as decided in the case “British Electrical and Associated Industries (Cardiff) Ltd v Patley Processing Ltd2. “ In “G Scammell and Nephew Ltd v Ouston3, “it was viewed that an arrangement or ...Download file to see next pagesRead More
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