Postal rule Essay Example | Topics and Well Written Essays - 750 words

Postal rule - Essay Example Its main effect is that the danger of acceptance being lost or delivered late by post is completely placed on the offered. Thus, if the offered is unwilling to accept the risk involved, he can acquire the actual receipt before binding legally. (Cook, 2008) Acceptance and offer analysis is an age-old approach of contract law, which is used in order to determine whether there is an agreement between two individuals or parties. A number of things can be offered, like a fax, newspaper, letter, email and also conduct as long as it conveys the idea of the offered given in the contract. An invitation to treat is not considered as an offer as it only indicates that a person is willing to discuss a contract. If the person the offer has been made to rejects it, the offer is destroyed, as it cannot be received in the future. Like in the case of Hyde v. Wrench, in reply to an offer for selling an estate at a definite price, the plaintiff responded with a lower price. Thus, the offer was then refused and when the plaintiff wanted to buy the estate at the former price, they could not as no contract was signed with the initial offer and hence it did not exist. (Undy, 1996) In revocation of an offer, the offered can revoke the offer even before it has been accepted, but this revocation must be conveyed to the person offered to. If a certain offer has been made to the whole world, like in Carlill's case, the revocation must be in the same form as the offer. Acceptance is the final expression of agreement to the terms of the offer. There are several rules of acceptance. An acceptance must be conveyed; as before making an acceptance the offer can be withdrawn. Only the person the offer has been offered to can accept the offer. The latter, is not responsible if some other person accepts the offer without his knowledge. If any method of acceptance, like email or post, is specified in the offer, then only those methods can be used which are as effective as the one given. Lastly, like in the Felthouse v. Bindley case, silence cannot be taken as acceptance. The offer is rejected or terminated in case the offered dies. In such case if the offer is still accepted, it remains valid. However, if the person the offer has been made to dies, then the offer becomes invalid. (Hedley, 2006) In recent times, among the easiest of legal questions asked in the field of contract law is linked with the advances in computer technology and is whether the mailbox rule should be applicable to the most modern and very quickly becoming the most accepted mode of communication - electronic mail or simply email. Today we live in the silicon age and this age has given us the world of the cyberspace. It has been debated over and over again whether postal rule should be applied to email. Both post and email are almost same. An email does not directly reach its destination. Thus, the sender does not have any control over the message. It reaches its destination taking incremental steps just like post. Thus, none of the parties can be blamed for a delay. Therefore, we can see that postal rule can be applied to email. (Lasensky, 2005) In conclusion, it should be stated that the judges in Brinkibon also noticed that this mode of communica

Age of info 7osam Essay Example | Topics and Well Written Essays - 1750 words

Age of info 7osam - Essay Example The big question however is whether the ICT revolution has actually been taken advantage of uniformly by all sections of people in a country and by all countries. This has obviously not happened. Within the same country, ICT has not pervaded in all sections of people; and between different countries, ICT development has varied from country to country. This has resulted in what has come to be termed as the Digital Divide. Fink and Kenny (2009) gives four possible interpretations of ‘Digital Divide’: â€Å"a gap in access to use of ICTs, crudely measured by the number and spread of telephones or web-enabled computers, for instance; a gap in the ability to use ICTs, measured by the skills base and the presence of numerous complimentary assets; a gap in actual use †¦; and a gap in the impact of use, measured by financial and economic returns†. Since the very early days of the ICT revolution, it has been increasingly apparent that even though ICT development may not be an end in itself, the application of ICTs and ICT tools is instrumental in enabling development. If this is the case, then it would imply that countries on the lacking side of the Digital Divide would be at a distinct and definite disadvantage compared to countries that have been able to take full advantage of the ICT revolution. Countries which, for whatever reasons, have lagged behind in the adoption of ICT would also lag behind in overall development, this in turn would again restrict them from adopting ICT, resulting in a vicious cycle that would divide the world into haves and have-nots. When speaking from the perspective of countries as a whole, the digital divide has been noticeable especially in the case of developed and developing countries. â€Å"The core of the digital divide creed is that the spread to ubiquity of information and communication technologies (ICTs) in developed countries is leaving the developing world behind, with potentially cataclysmic consequences in terms of