Aspects of Business Offers and Proposals Assignment - 2

Aspects of Business Offers and Proposals - Assignment Example According to English Contract Law, it has been recognized that the communication is done through post ultimately gives rise to various practical problems. The offer that is posted and the letter of acceptance which takes several days to arrive is one of the problems by communicating through the post. With reference to the case of â€Å"Household Fire Insurance v Grant† (1879), in order to overcome this difficulty, the courts established the rule of ‘postal acceptance’ which depicts that acceptance of the offer is complete when it is posted (University of London, 2012). According to Article 4, the communication through ‘Electronic Messages’ is regarded as the communication that the parties engaged in an agreement or an offer made by means of data messages. The conception of data messages includes information or data created, despatched, received or accumulated by visual, electronic or magnetic means (United Nations, 2007). As identified in the case of â€Å"Byrne v van Tienhoven† (1880), an offer can be rescinded in any situation or condition before accepting the offer but the revocation should be informed and corresponded to the offeree, though it is not obligatory on behalf of the offeror. It can be stated that a particular offer can be withdrawn in any condition or situation (United Nations, 2007). In this particular case study, the primary consideration would be that whether a contract has already been formed or not between Jones Ltd and Smith Plc. From the case study, it has been identified that Smith Plc is not obliged to go for any such agreement in order to perform services to all the photocopying machines of Jones Ltd because no such contract has been formed and that was just a proposal or an offer.