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Need an research paper on contractual and commercial disputes. Needs to be 8 pages. Please no plagiarism.
Need an research paper on contractual and commercial disputes. Needs to be 8 pages. Please no plagiarism. In order to constitute a contract, the offer must be accepted by the offeree. The offeror can prescribe the manner in which the acceptance should be made and the offeree has to follow that prescribed manner while indicating his acceptance. Acceptance can be an expression by words or conduct that are in accordance with the terms of the offer. Acceptance must be along the lines of the original offer. The inclusion of new terms makes the offer a counter offer. In the event of instantaneous communication methods such as in person, by fax, phone or email is used to make an offer by the offeror, the offer comes into force upon the receipt of the same by the offeree. Similarly, revocation of offer comes into effect immediately on receipt of the communication by the offeree. When the offeror receives acceptance or rejection of acceptance from the offeree, then the same will be effective from the moment of its receipt. (Domb and Another v Isoz, 1980).
The postal rule specifies that acceptance comes into force from the moment the letter of acceptance is posted to the offeror. In Household Fire Insurance Company v. Grant, the defendant made an offer which was accepted by the plaintiff. However, the letter of acceptance posted by the plaintiff to the defendant failed to reach him. The Appellate Court held that the contract was deemed to be concluded the moment the plaintiff posted his acceptance letter, and the defendant was held liable (Household Fire and Carriage Insurance Co v Grant, 1879).
The acceptance will become effective only when the offeree sends or posts his acceptance. At the same time, it is also very important that the revocation of an offer must be communicated to the offeree by the offeror (Byrne v. Van Tienhoven, 1880). .The inclusion of new terms in the offer makes it a counteroffer. .Moreover, the offeror can revoke the offer before the offeree accepts the offer.
