Scope of Communications Methods Essay Example for Free

Scope of Communications Methods Essay 1. Introduction Contracts are in anywhere. Contracts = â€Å"Intention†, â€Å"Agreement† and â€Å"Consideration†. The rule of Contracts will establish when offeree is accepted the offeror’s offer. â€Å"Agreement† is one important term in Contract. â€Å"Agreement† is â€Å"Offer† and â€Å"Acceptance†. Today our topic is The Postal Acceptance Rule which only applies to â€Å"Acceptance†. Hence we focus on â€Å"Acceptance† and assume that if â€Å"Acceptance† is valid, and the contract will valid too. The general rule is formed contract acceptance is actually communicated to the offeror. But The Postal Acceptance Rule is an exception of this rule. Today is the electronic world, communication is not only by postal service also use by electronic transaction. Now we will discuss The Postal Acceptance Rule is its rationale, effect, should it continue to be applied and compare to Electronic Transactions Act (ETA) for determining the timing of acceptance sent by fax and email. Also we will talk about expanding or restricting the types of modern communication methods affected by this rule. 2. History and Background of the Postal Acceptance Rule The Postal Acceptance Rule is the fifth and the last of the relevant sub-rules affecting communication of acceptance. The Rule maybe summarized in this way In 19th Century England, there only 2 method of communication between offeror and offeree deal in person or by mail. The courts had to decide the moment of contract formation by this 2 method. If the negotiating parties are deal in person, they do not face the problem of delay and failure of information transmission. If offeree accept the offer to offeror by mail, there will be a substantial delay in delivery of the letter or even totally lost in the course of post. Adams v Lindsell[1] is the case of delay acceptance and The Postal Acceptance Rule was established by this case. In Case we saw that negotiating parties were not sure the precise time of acceptance had been communicated. This created timing of the acceptance problem and led to the formation of rule. Hence the court determined the acceptance is valid when the letter of acceptance is posted. 3. Case of the Postal Acceptance Rule 3.1 Application case of the Postal Acceptance Rule According to Household Fire Carriage Accident Insurance Co (Ltd) v Grant[2], Grant applied by a letter for shares in the Household Fire and Carriage Accident Insurance Company Ltd. The shares were allotted to him and the letter was sent to him at the address given by him. But Grant never received this letter. Later the company went bankrupt, Grant is asking for the outstanding payments. In this case, Grant is offeror, Household Fire and Carriage Accident Insurance Company Ltd is offeree and the offer is buy the shares. By the Postal Acceptance Rule, the acceptance is valid when the letter of acceptance is posted no matter that the offeror is received it or not. Now the offer is accepted by offeree and offeree posted the acceptance to offeror. Hence Grant is legally bound to pay the outstanding payments. Further to case Dunlop v Higgins[3], is in same situation, Dunlop send to offer to Higgins. In the communication delay time, Dunlop’s good prices have increased. Higgins has posted the letter of acceptance when he received the offer from Dunlop. Dunlop’s won’t to supply the goods to Higgins with old prices. By Postal Acceptance Rule, hence Dunlop must comply with their offer supply the goods to Higgins with old prices. 3.2 Exclusion case of the Postal Acceptance Rule The Postal Acceptance Rule does not apply in every case. Even if the negotiating parties involved consider the postal service is an acceptable means of communication. According to Byrne v. Van Tienhoven[4], the Postal Acceptance Rule cannot accept offeror revocation their posted acceptance. In this case, Van Tienhoven had been sent out the acceptance to Byrne. But Van Tienhoven withdrawal offer and sent out the new one to Byrne before Byrne received the old offer. The court determined Van Tienhoven is not allowing to revocation of posted acceptance. The withdrawal of the offer was not effective until negotiating parties was communicated. Another case Holwell Securities Ltd v Hughes[5], the grantee must comply strictly with the conditions stipulated for exercise by the offeror. If not, the acceptance will not be valid although negotiating parties even they have telephone conversation. The Postal Acceptance Rule cannot apply when there are express terms in the offer specifying that acc eptance must reach the offeror. 4. Electronic Transactions Act ETA[6] was enacted by the Federal Government. And it creates a regulatory regime for using electronic communications transactions. It attempts to remove existing legal impediments that may prevent a person using electronic communications to satisfy legal obligations under Commonwealth law. For the purposes of a law of the Commonwealth, ETA provides criteria for determining the time and place of the dispatch and receipt of an electronic communication. The following requirements imposed under a law of the Commonwealth can be met in electronic form (a) Requirement to give information in writing (b) Requirement to provide a signature (c) Requirement to produce a document (d) Requirement to record information (e) Requirement to retain a document (ELECTRONIC TRANSACTIONS BILL 1999[7]) 5. Conclusion 5.1 Rationale of the Postal Acceptance Rule Contract is formed at the time and place an acceptance is communicated to the offeror. Time of acceptance communicated is very important. Because it will affect the contract’s content. After contract established, every terms added in this contract was invalid. The Postal Acceptance Rule is established for the court to determining attempt to provide some degree of certainty to an offeree accepting an offer by post. In case of Dunlop v Higgins[8], the parties can not sure the precise time of acceptance when using postal service. It had a substantial delay in delivery of the acceptance or even totally lost in the course of post. This created a number of problems and has led to a formulation of the rule. Hence the Postal Acceptance Rule would complementary with Contract Acceptance for ensure the precise time of acceptance. 5.2 Effect of the Postal Acceptance Rule The effect of the Postal Acceptance Rule is that the offerees acceptance will be valid when the moment the acceptance is correctly posted and it is not relevant whether the acceptance is delayed or even totally lost in the course of post. It means if the Postal Acceptance Rule is applied, establish contract have two more problem to be consideration â€Å"Time† and â€Å"Location†. Indeed, the courts have been concerned with locating the place of formation of a contract in the majority of cases which have considered the applicability of the Postal Acceptance Rule. 5.3 The Postal Acceptance Rule in currently applies circumstances Today, the Postal Acceptance Rule in currently applies circumstance is business convenience. It most frequently cited rationalization for retention of the rule. For example, the Company (offeror) sends the promotion letter (offer) to person (offeree) and the person accepts the offer and sends back the acceptance to correctly address. By Postal Acceptance Rule, the contract between company and person was established when the acceptance was posted. If acceptance is complete upon proper posting, this effectively allows the offeree to structure his affairs on the basis. And the binding contract is formed on postage. 5.4 The Postal Acceptance Rule and ETA In instantaneous communication most likely to applied ETA or general rule of â€Å"Acceptance†, For example, offeree accept website acceptance or telephone acceptance even though the parties are not in physical proximity of one another. This is no delayed time between the offer and the acceptance. In non-instantaneous communication most likely to applied the Postal Acceptance Rule. This had delayed time between the offer and the acceptance. Postal Acceptance Rule is handle the argued of moment of contract formation and ETA is imposed under a law of the Commonwealth can be met in electronic form. Both of the rule and are they complementary with each other. If technical delay or human error, there are no universal rule can be applied and it is needed to reference to the intentions of both parties. 5.5 Rules used for acceptance sent by Fax and Email We know that there are two types of communication, instantaneous and non-instantaneous. Instantaneous communication is no delay time between sent and received and non-instantaneous communication had delay time between sent and received. Fax is the instantaneous communication. This is because Fax transmits is same as telephone transmits. It is direct transmission from fax machines to other fax machines, transmission between sent and received is in same time. Hence Fax is instantaneous communication it most likely to applied ETA or general rules of â€Å"Acceptance†. How about of the Email? Some articles expressed that Email is instantaneous communication. Because the legislation deals a default rule for the time that Email (electronic communications) is sent and when it is received. But this is wrong, in fact according to Email transmits, it along the internet may involve travelling across the world with correctly Email address. That’s mean after click â€Å"SEND† button the transmission may be immediacy, may be takes a moment, sometimes used a few minutes or even over an hours that’s base on the network connection until the recipient received the message. The e-mail transmission through the network depends completely on the viability of the ISP[9] for the offeree and the offeror. Now we have millions of internet user, delays in e-mail communication is very normal situation. The communication may have delay and they are not sent and when it is received. We can study the case Chwee Kin Keong v Digilandmall.com Pte Ltd[10] in Singapore. Hence Email is non-instantaneous communication it most likely to applied the Postal Acceptance Rule, but Email also under the ETA. 5.6 Keeping Postal Acceptance Rule in part of Australian contract law? It must be â€Å"YES†, the Postal Acceptance Rule should continue to be applied. In application level, we know that the general acceptance principle depends on whether the method of communication is instantaneous or â€Å"non-instantaneous†. From the above discussion, Email could be considered as a non-instantaneous communication. Analyze the moment of contract formation is an essential point for the court to apply the Postal Rule of Acceptance in the context for e-mail transmission. As the method of communication is improving, some problem may be created. If the problem is relevant the moment of contract formation and the communication is defend as a non-instantaneous communication. The Postal Acceptance Rule is most likely applied on it, and the concept of the rule is not outdated. Another basic reason for keeping Postal Acceptance Rule is the electronic communication could not fully replaced the postal service. Maybe in laggard or destitute country, the postal service is the only way for the communication. In content level, the Postal Acceptance Rule was not allowed the offeror withdrawal the offer when offeror posted the offer to offeree (Byrne v. Van Tienhoven[11]). If Postal Acceptance Rule was abolished, the offeror choses he can always make the formation of the contract, until he is receive any reply. If the offeror doesn’t receive any reply from the offeree he can always make inquiries to the offeree about the offer. If the contract is not concluded there would be considerable delay in transactions and the acceptor would never be safe until he has received notice that his letter of acceptance had reached its destination[12]. In the Australian legal system which want to make the fair rule to negotiating parties. In case if Postal Acceptance Rule was abolished, the offeree was in unsafe situation. Because there are unfair to the offeree and offeree don’t get any protect by the Australian legal system. Hence the Postal Acceptance Rule should keeping in part of the Australian contract law. BIBLIOGRAPHY: 1. Peter Gillies, ‘Business Law 12th Edition’, 2. David Parker and Gerald Box, Business Law for Business Students 2008 3. Kathryn O’Shea and Kylie Skeahan (1997) Acceptance of offer by E-Mail How Far Should the Postal Acceptance Rule Extend 4. Australasian Legal Information Institute http://www.austlii.edu.au/ 5. Dave Stott, Australian Law Students Association Should The Postal Acceptance Rule be Applied to E-Mail? 6. Sharon Christensen, Vol 1 No 1 QUTLJJ Formation of Contracts by Email – Is it Just the Same as the Post? 7. Electronic Transactions Act 8. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 9. Exclusion of the postal acceptance rule http://www.austlii.edu.au/au/journals/QUTLawJl/1997/18.pdf 10. Exclusion of Postal Acceptance Rule 11. Chwee Kin Keong v Digilandmall.com Pte Ltd ([2005]SGCA 2) 12. Adams v Lindsell (1818) 106 ER 250. 13. Byrne v Van Tienhoven (1880) LR 5 CPD 344 14. Dunlop v Higgins [(1848) 1 H.L.C. 381] 15. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 16. 17. [pic] [1] Adams v Lindsell (1818) 106 ER 250. [2] Household Fire Carriage Accident Insurance Co (Ltd) v Grant (1879) LR ExD 216 [3] Dunlop v Higgins [(1848) 1 H.L.C. 381] [4] Byrne v. Van Tienhoven, [1880] 5 CPD 344 [5] Holwell Securities Ltd v Hughes [1974] 1 WLR 155 [6] Electronic Transactions Act [7] http://www.comlaw.gov.au/Details/C2004B00505/Revised%20Explanatory%20Memorandum/Text [8] Dunlop v Higgins [(1848) 1 H.L.C. 381] [9] Internet Service Provider [10] Chwee Kin Keong v Digilandmall.com Pte Ltd ([2005]SGCA 2) [11] Byrne v. Van Tienhoven, [1880] 5 CPD 344 [12] Kathryn O’Shea and Kylie Skeahan (1997) Acceptance of offer by E-Mail How Far Should the Postal Acceptance Rule Extend

Educations Importance :: Teaching Education

Educations Importance An Institution of Thinkers Education is one of the most important things in modern America, but the reasons why learning is so important today is un-clear. Every modern country has a state run education system, which carries children in to there mid to late teens. The systems around the world are all quite similar, focusing on writing, math and reading, with other courses often being a second language and art. Though the systems are alike people from country to country and from town to town differ on the reasons why education is needed. Opinions range from a place to baby-sit the kids, to a needed key in the pursuit of a successful life and job. The simple un-clarity of today’s school systems is sad. An institution with so many employees and customers (students) should have a mission statement that screamed it’s meaning and lead students on a path to where they need to go. Gardner says â€Å"†¦students who have been well trained†¦do not display adequate understanding of the materials†¦Ã¢â‚¬  but what is unclear is what they should show knowledge in. Should students be able to recite the periodic table or simply know what it is? Should students know all the presidents or know where to find out about them? These questions need to be detailed before we can ever expect for the students to achieve well. Gardner speaks of seven different intelligences, which leads to a question of how is it possible to have 32 people in front of you, all programmed differently and teach them all the same thing. School can’t be designed to fit everyone in, but the institution we currently have tries to. A simple understanding of Gardners Intelligences by the people who created the current system might have drastically changed it. We need to fit all people into a system of education, but what we are currently doing is fitting all people into a cookie cutter mold, which is metaphorically cutting off there legs and arms just to fit them in it. Children are all in school to learn, but we need to isolate why they are there and work from that. I believe schools are meant as simply places to give people a start in life, have them all reading, knowing simple mathematics, history and science. Schools to the 8th grade should be molds, everyone should be taught the same things, maybe not in the same way, but they should walk out knowing the same basics.

On Berkeley’s Concept of God and Heinous Sins Essay

It is a misconstrual in positing that George Berkeley’s axiom that God being the author of ideas is responsible for all heinous crimes. And worst, claiming that such postulate of Berkeley is the loophole in his argument and philosophical treatise is reading his philosophic stance superficially. Relying on a version of the argument from design, Berkeley concluded that our ‘ideas’ are produced in our minds by the will of God acting directly. So God, whom we may safely assume to act (in Berkeley’s estimation) in full knowledge of what he is doing, must himself have all the ideas which he generates in human minds, as well as those which he would generate, if the right human acts of will occurred to make them appropriate. And for Berkeley, this would amount to saying that God perceives the whole of physical reality, since physical reality simply is a certain infinitely complex constellation of ideas, and having them before one’s consciousness is perceiving it. That would be, in itself, a welcome conclusion, when we perceive the physical world, what we do is just the same as what God does when he perceives it; all that happens in either case is that a mind has certain perceptions, nothing more, and so the human mind can be just as sure of what it perceives as is the divine mind of what it perceives. But it does not necessarily follow that he is the author of evil because as Berkeley defined sin, it is the manifestation of the spirit’s will, meaning it is not something that is innate to the motion of its body or God’s design (Berkeley 1988). Thus when ethical issues or moral conflict arises, it is not necessary to blame for the transpiration of events. For example, the espousal of capital punishment is not authored by God, but it was the product of human will and faculty. The problem is, when humanity cannot explain things, they tend to account it to God. Unfortunately, they forget that there is no necessary connection between cause and effect, and they failed to realize that heinous sins such as adultery, murder and sacrilege are not will of God but of ours.

Christmas Card Quotes

This Christmas, add a special touch to your Christmas cards with these wonderful Christmas card quotes. Write the most appropriate quote on it, and your greeting card will stand out in a pile of other Christmas cards. Secular Quotes for Christmas Cards Charles Schulz  Christmas is doing a little something extra for someone. Helen Steiner Rice Peace on earth will come to stay,When we live Christmas every day.Thomas TusserAt Christmas play and make good cheer, for Christmas comes but once a year.Winston ChurchillWe make a living by what we get but we make a life by what we give. Garrison KeillorA lovely thing about Christmas is that its compulsory, like a thunderstorm, and we all go through it together.Bess Streeter Aldrich Christmas Eve  was a night of song that wrapped itself about you like a shawl. But it warmed more than your body. It warmed your heart... filled it, too, with a melody that would last forever.John Greenleaf WhittierA little smile, a word of cheer, A bit of love from someone near, A little gift from one held dear, Best wishes for the coming year†¦ These make a  Merry Christmas! Charles DickensI will honor Christmas in my heart, and try to keep it all the year. John Greenleaf WhittierSomehow, not only for ChristmasBut all the long year through,The joy that you give to othersIs the joy that comes back to you. Bob HopeMy idea of Christmas, whether old-fashioned or modern, is very simple: loving others. Come to think of it, why do we have to wait for Christmas to do that? Norman Vincent PealeChristmas waves a magic wand over this world, and behold, everything is softer and more beautiful.Religious Quotes for Christmas Cards George Mathew AdamsLet us remember that the Christmas heart is a giving heart, a wide open heart that thinks of others first. The birth of the baby Jesus stands as the most significant event in all history because it has meant the pouring into a sick world of the healing medicine of love which has transformed all manner of hearts for almost two thousand years. Underneath all the bulging bundles is this beating Christmas heart.Grace Noll CrowellWhatever else be lost among the years, Let us keep Christmas still a shining thing: Whatever doubts assail us, or what fears, Let us hold close one day, remembering its poignant meaning for the hearts of men. Let us get back our childlike faith again.Helen Steiner RiceBless us Lord, this Christmas, with quietness of mind; Teach us to be patient and always to be kind. Eva K. LogueA Christmas candle is a lovely thing; It makes no noise at all, But softly gives itself away; While quite unselfish, it grows small. Charles DickensFor it is good to be children sometimes, and never better than at Christmas, when its mighty Founder was a child Himself. Luke, 2:14Glory to God in the highest, and on earth peace, good will toward men.