Commercial law ( commercial contracts ) Essay Example | Topics and Well Written Essays - 1500 words

Commercial law ( commercial contracts ) - Essay ExampleA contract is said to be formed only if such counter-offer is accepted.The common practice is that until acceptation is conveyed to the offeror, it is not valid. Some exceptions in this regard are a) if the offeror has waived the requisite for communication b) when acceptance is communicated by post, it will be effective on posting. Communication sent through fax, telephone, computer, telex or fax is not effective until received by the offeror. Moreover, it is arduous to find when exactly a telex, fax, a subject left on a telephone answering machine or electronic mail message is actually received. Decided fortune laws on the subject indicate that the time when such a message becomes effective relies on a number of issues including prevalent business practices, the anticipations of the contracting parties and the courts evaluation of which of them should bear the onus as decided in Brinkbon Ltd v Stahag Stad Gmbh1. In case o f acceptance through the e-mail, the time when it will be effective has not yet been considered by the courts. It has been recommended that in case of e-mail acceptance, the postal rule can be use as an intermediate is involved. Conversely, it is argued that general rule will be applicable, since e-mail messages are delivered instantaneous and there is no facility to find out when the e-mail message is actually delivered.Any uncertainty provisions in the commercial contracts may make the contract non -binding. For instance, an agreement that a contract is to have a regular force majeure stipulations is not binding as the same is uncertain, since there are no customary force majeure stipulations as decided in the case British Electrical and Associated Industries (Cardiff) Ltd v Patley Processing Ltd2. In G Scammell and Nephew Ltd v Ouston3, it was viewed that an arrangement or