Contractual Agreements and Communication Technology

Table of Contents
QUESTION 1. 3
QUESTION 2. 7
Reference List 10

QUESTION 1.
Issues of this case: Could the offer acceptance by e-mail be capable of creating contractual relationships? Was there a breach of contract? The matter of the case is regulated by Contract Law.
Contractual nature
A contract can be defined as “an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enfoufceable in a court of law”. (Andy & Douglas, 2013, p.307). Though every contract involves an agreement, not every agreement is legally forceable and will result in contract. It is necessary to find out weather the agreement between parties was inteded to be regarded by the law as valid and enfoceable (a contract) or just an agreement and not enforceable. Definition also says that angreement first of all is a promise or commitment that something will or not will happen in the fututre. However, to be a contract a promise must have a cantractual nature and therefore a promosor must have legal liability.
In the given case David (offeree) accepts offer via e-mail which was not legally recorded or officially sealed unless Charlie (offeror) and David had agreed to communicate electronically. Thus, may only be (hypothetically) a simple contract.
A simle contract must contain 3 constituents:
1. There must be an agreement between parties. In other words, there must be a offer and acceptance.
Charlie offers to sell his car to David, so it can be an offer. David decides to buy Charlie`s car and informs him by e-mail. It could be an acceptance.
Under ss 4,8 (1) of the Electronic Transactions Act 1999 (Cth), an acceptance by e-mail is capable of creating legal relations.
2. There mus...

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...arrier entrance to the car park. Moreover, he could not turn his car back. It is likely that Howard did not have capacity to refuse the offer. In that situation he had to accept the offer. That means there was unreasonable notice and no options for Howard. It is particular significant that he could be there first time and could not know about parking rules. In other words, if he had parked his car at the car park before, he would suppose to know about rules. That means Howard cannot get money from the car park for his car damage.

Works Cited

Andy, G., & Douglas, F. (2013). Business Law 2013. Australia, Sydney: Pearson Australia.
Gibson, A. (2007). Business Law. Australia, Sydney: Pearson Education Australia.
Vickery, R., & Pendleton, W., C. (2006). Australian business law: Principles and applications. 5th edn., Australia, NSW 2086: Pearson Education Australia.