Modern day law essay

From this divide emerged the concept that religious morality should be separate from secular law. Coming from a historical and cultural tradition defined by the separation of church and state, many Westerners assume that secularization is a necessary precondition for the emergence of modern, democratic forms of government that respect universal human rights. In the wake of the September 11, attacks, U. While there is indeed a clear need for comprehensive reform in the Muslim world, it is not clear that secularization is the path to realizing it.

Modern day law essay

Contract formation in English law generally does not require the use of any particular communication method for making an offer or indicating an acceptance. The rules on offer and acceptance were revisited in the 19th century when it became necessary that reasonable degree of precision and certainty be attained in any legal dealings especially with the growth of business transactions and the need to meet up with the technologies of the time.

This led to the evolution of 'postal rule', which states that an acceptance once posted becomes effective rather than when it is received.

This was a deviation from the normal way of contract formation, which requires an acceptance to be received before it becomes binding.

The rules as we will discover were precise and stipulated a definite approach in determining at what point a contract becomes binding.

Modern day law essay

The purpose of the rule was to create certainty especially in business, however, the consequence of this is that it is often difficult to fit the precise model of the postal rule within the modern day means of communication which is characterised by the influx of electronic means of transaction such as the internet, telephone, fax, telex and so on.

This essay will focus on an analysis of which of the two rules - postal and pre-postal - will be most applicable in terms of contract formation using these electronic media most prevalent in the 21st century.

Offer and Acceptance In determining the existence of an agreement in any contract, it is important to determine if there has been an event which is capable of constituting a valid offer, acceptance or revocation, and the issue of whether and when communication of it took place.

An invitation to treat generally indicates a willingness to negotiate a contract. The rule on contract formation emphatically lies on the need for there to be an explicit communication.

By communication, we mean that the acceptance is actually brought to the notice of the offeror.

Roman Influences

The rule put simply, states that an acceptance is effective once it is posted, rather than when it is actually received, [9] even before the offeror could know that his offer has been accepted. The rule is designed to remove uncertainty from the contract formation process.

It exposes the offeror to the risk of been bound by an unreceived acceptance.

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The application of postal rule does not apply in instantaneous communications like the telephone, telex, direct communication that we will be examining next. It was held that the use of telex in contract formation, along with most modern means of communication should be likened to parties negotiating in each other's presence.

Telex and Telephone were held to be direct means of communicating and therefore response is instantaneous. In recent times the theory of expedition does not apply to these methods of communication as technological advances have changed the manner in which telex systems work and they therefore, can no longer be referred to as an instantaneous method of communication.

Modern day law essay

The ruling in Entores [16] on the nature of telex communication has become obsolete. With advanced modern technology, a telex system may return an "answer back" even though it has not been received at the other end.

The case, which finally distinguished Entores, and therefore is now established as law, is Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH. In cases of instantaneous communication, the contract would be made when and where the acceptance was received. It is important to note also that an acceptance communicated by facsimile will become effective at the time it is communicated.

There may be circumstances where the postal acceptance rule can be applied such as where the facsimile machine is operated by third parties; this will be likened to third party agent. This is the computer-to-computer transmission of business data in a standard format.

The system can be used for negotiation and performance of a contract and will usually be governed by an overarching agreement between the parties dealing with issues such as the effective time of contract formation and the governing law.

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