The Case Of Entores V Miles Far East Co.
Backgrounds& some basic facts
Contracts are a voluntary arrangement involving two or more parties which is enforced by law as a binding agreement, which is one of the cornerstones of our economic environment from early stage to the modern society. Several essential conditions constitute the process of forming a standard contract.
In our present case, three parties were involved in relation of transaction. The seller is The Logomug, which manufacturing and selling mugs. One buyer is Sophie and another is Norfolk wildlife charity. The Logomug offered Sophie that they would sell 2000 at 70p each mug to her, and she accepted and later confirmed the agreement by an email which unfortunately delayed by the internet error. Since the Logomug did …show more content…
In the present case, according to details, it is certain to sum up that neither Sophie nor the agent of the Logomug is minor, intoxicated, mentally insane person who are with insufficient capacity.
Formalities
A contract is often formed by writing and signing, however, there are also many other methods of forming a valid contract, such as by orally promising, bidding in auctions (Hirby). In the case of Entores v Miles Far East Co, the courts held that the offer and the acceptance can be delivered via cyber communication such as telex instead of writing or face-to face methods. The formation of an contract generates as the acceptance is received. Therefore an electronic contract may be formed via emails, as long as all the necessary elements of a standard contract are established (Hill 2001).
Postal …show more content…
In Entores v. Miles Far East Corp, it was held that a mutual agreement transformed into a valid contract by the time the offeror received the acceptance. An exception to this fundamental principle is the postal rule. The general idea is that during the formation of contract, once the offeree properly sent back the letter of acceptance to the post office, the contract is deemed to be enforced, even if the letter of acceptance was lost or delayed on the way of delivery (Adams v. Lindsell). It means that an offeror can no longer make a revocation once the acceptance being posted by an
Contracts are a voluntary arrangement involving two or more parties which is enforced by law as a binding agreement, which is one of the cornerstones of our economic environment from early stage to the modern society. Several essential conditions constitute the process of forming a standard contract.
In our present case, three parties were involved in relation of transaction. The seller is The Logomug, which manufacturing and selling mugs. One buyer is Sophie and another is Norfolk wildlife charity. The Logomug offered Sophie that they would sell 2000 at 70p each mug to her, and she accepted and later confirmed the agreement by an email which unfortunately delayed by the internet error. Since the Logomug did …show more content…
In the present case, according to details, it is certain to sum up that neither Sophie nor the agent of the Logomug is minor, intoxicated, mentally insane person who are with insufficient capacity.
Formalities
A contract is often formed by writing and signing, however, there are also many other methods of forming a valid contract, such as by orally promising, bidding in auctions (Hirby). In the case of Entores v Miles Far East Co, the courts held that the offer and the acceptance can be delivered via cyber communication such as telex instead of writing or face-to face methods. The formation of an contract generates as the acceptance is received. Therefore an electronic contract may be formed via emails, as long as all the necessary elements of a standard contract are established (Hill 2001).
Postal …show more content…
In Entores v. Miles Far East Corp, it was held that a mutual agreement transformed into a valid contract by the time the offeror received the acceptance. An exception to this fundamental principle is the postal rule. The general idea is that during the formation of contract, once the offeree properly sent back the letter of acceptance to the post office, the contract is deemed to be enforced, even if the letter of acceptance was lost or delayed on the way of delivery (Adams v. Lindsell). It means that an offeror can no longer make a revocation once the acceptance being posted by an