Law of Commerce - Short Answer 1

Issues

Whether the agreement between Anup and Suresh is legally enforceable?

Rule

Law of Contract

Application

In the light of the present facts and circumstances of the case and as an advisor to Anup, a contract is an agreement between two or more than two parties which creates rights and obligations which are enforceable by law. The basic purpose of the contract is to secure expectations, assist with planning, establish markets for goods and services, provide for the resolution of the dispute. Therefore. In the present matter of Anup and Suresh own a business together called TecWiz. Anup wanted to take leave for six months and signed a letter of understanding with Suresh also asked Suresh to manage the business and pay Anup $3000, later on, Anup decided to rent a fishing lodge in Queensland using his monthly stipend, whereas, Suresh suddenly stopped paying Anup the decided payment. 

Conclusion

Abovementioned facts and circumstances clearly state that there was a legal contract between Anup and Suresh. Regarding your leave and paying you $3000 every month, consent, acceptance, was from both the parties, therefore, the contract signed is legally binding and enforceable. Further, the essentials of the contract have been fulfilled and you are eligible to take any legal actions against Suresh for the violation of the same and above concern.

Law of Commerce - Short Answer 2

Issues

Whether Adam can insist John pay the arrears of rent?

Rule

Law of Contract

Application

In the light of the present facts and circumstances of the case contract is an agreement between two or more than two parties which creates rights and obligations which are enforceable by law. The basic purpose of the contract is to secure expectations, assist with planning, establish markets for goods and services, provide for the resolution of the dispute. In the present case oh John and Adam, John rents a flat from Adam for one year starting from January 2020 to December 2020 on the monthly rental is $1500. Due to COVID-19 and resulting lockdown, John is unable to pay the full rent. Adam agreed to reduce the rent by half for six months starting from February 2020. Adam sends John a notice on 01 July 2020 stating that payment should return to the original rental amount and that he wishes to college the arrears of rent from last six month as John has got a new job now.

Conclusion

Abovementioned facts state that there was a legal agreement between John and Adam as it was discussed before in between both the parties related to paying off rent. Therefore, Adam cannot ask for arrears of rent from John as all discussion between parties happened with consent and acceptance.

Case Study Research

Formation of an agreement between parties by email is similar to the formation of an agreement by post:

A binding legal agreement can be framed by emails, even where the parties don't print and genuinely sign a record. Agreements don't have to contain a lot of explicit languages to be substantial, however, they do need to name the parties, be marked by both the parties and different fundamentals to be satisfied. The development of an agreement is the place the authoritative legitimacy of any authoritative and valid record is marked or considered between parties, on the off chance that no agreement is shaped, at that point neither of the parties can be under any commitments in regards to the legitimacy and thought of arrangement and formation of an agreement (Parvatiyar, Moorthy, and Donthu, 2020) Furthermore, it is imperative to have an understanding of each piece of the agreement's arrangement and formation. The exact precise and importance of arrangement of the agreement through email is a significant point. The need to find out the specific moment an agreement is shaped is essential. Besides, an email can't be considered an oral agreement since the individual noting the email can't generally be verified as the head to the understanding and the basic proof used to demonstrate that an oral agreement exists, witnesses are of a little bit of help in this unique situation. Along these lines, numerous rules may decide that email contracts are composed of agreements (Legal match).

Agreement between parties' post or letter is a composed understanding covering all the underlying focuses started by both the parties that should take an interest in the agreement. It is constantly considered as a superior plan to settle on all the duties viewing the understanding recorded as a hard copy as it gives an issue free working environment to the parties. As mentioned in the Contract Act when the individual to whom the proposition is made, means their consent thereto, the proposition is supposed to be acknowledged (Legal Match). The correspondence of an acknowledgment is just when the information on the acknowledgment arrives at the proposer, the proposer gets the letter containing the outright and unfit to the conditions of the offer. The word transmission suggests to the postal or wire administrations which can be utilized. Since the proposition has been imparted utilizing the postal assistance, any methods for correspondence which is quicker than or if nothing else similarly proficient can be utilized to convey the acknowledgment and acceptance (Ebner, Bhappu, Brown, and Kovach, 2009).

The agreement is viewed as last or complete when the letter of acknowledgment has been posted. The spot of the agreement is the spot from where the letter of acknowledgment has been posted. Any correspondence by phone, email or fax is sorted under quick methods of correspondence. They are called so because in these modes without the contracting parties the correspondence of offer or acknowledgment or counter offers arrives at the parties inside a small amount of second or microseconds that is prompt as electronic signs. The four important modes for conveying are the messages, phones, fax and so forth (Maulidiana, and Renaldo, 2020). In the case of Vantage System v. Priolo Corporation[1]it was held by the court that Emails a make authoritative understanding. In this manner, the same was held in the case of Stellard Pty Ltd v. North Queensland Fuel Pty Ltd[2].

According to the Electronic Transaction Act 1999, section 1 says that assent incorporated a sensibly that can be deduced from the lead of the individual. Likewise, electronic correspondence implies a correspondence of data as information text or pictures by methods for guided or unguided electromagnetic vitality, where the discourse is handled at its goal by a computerized voice acknowledgment framework. It has additionally been referenced in the Act of 1999 that an electronic correspondence implies an individual by whom, or for whose benefit, the electronic correspondence has been sent or created before capacity, assuming any, it does exclude an individual as a delegate as for the electronic correspondence.

In the case of Henthorn v. Fraser[3] the court held that postal Rule expresses that where acknowledgment by post is pondered by the parties acknowledgment is finished when the letter if acknowledgment is posted. In the case of Elizabeth City Centre Pty Ltd v. Corralyn Pty Ltd[4], the court held that postal standard doesn't have any significant bearing in all the cases, it just applies to the standard which is prohibited where an offeror selects receipt of real correspondence.

Uncommon legal principles exist to decide when receipt of an electronic correspondence happens are: the legitimacy of the electronic exchange, acknowledgment of electronic composition, electronic marks, creation of an electronic report, holding electronic documents. Section 13A and section 14 of the Act tells about the electronic correspondence is dispatched when it enters the assigned data arrangement of someone else and got when the data framework assigned by the aggress, spot of dispatch and spot of receipt are perceived as where originator and recipient have their place of business.

Therefore, the agreement between parties through email and post can be considered as same and valid, both are documented and are the way of conveying the points related to contract if parties cannot be physically present at the moment or at the time of framing of contract.

References for Law of Commerce

Ebner, N., Bhappu, A.D., Brown, J.G. and Kovach, K.K., 2009. You've got agreement: Negotiating via email. Hamline J. Pub. L. & Poly, 31, p.427.

Elizabeth City Centre Pty Ltd v. Corralyn Pty Ltd (1995) 63 SASR 235

Henthorn v. Fraser [1892] 2 Ch 27

Legal match, 2018. Available at: https://www.legalmatch.com/law-library/article/email-contracts.html

Maulidiana, L. and Renaldo, R., 2020, March. The validity of Electronic Signature on Buying Agreements in State Legal Perspective (Study of Sale and Purchase Agreements Between Pt. Juang Abadi Alam and Australian Rural Exports Pty Ltd). In International Conference on Law Reform (INCLAR 2019) (pp. 139-142). Atlantis Press.

Parvatiyar, A., Moorthy, J. and Donthu, N., 2020. Where the twain shall meet? A study of best practices to resolve retailer–supplier acrimony in the post-audit recovery of trade promotion dollars. Journal of Marketing Channels, 26(2), pp.89-107.

Stellard Pty Ltd v. North Queensland Fuel Pty Ltd [2015] QSC 119.

Vantage System v. Priolo Corporation [2015] WASCA 21

[1] [2015] WASCA 21

[2] [2015] QSC 119.

[3] [1892] 2 Ch 27

[4] (1995) 63 SASR 235

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help

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