The reason why this would work is because the postal rule means that as soon as the acceptance is placed in the post box, the contract has been formed. Along with advantages always come disadvantages and the postal rule comes some disadvantages. One disadvantage of it is if the offeree of the contract declines the offer, then that offer cannot be accepted at any other time. Once the offer is rejected the whole offer is terminated permanently. Another disadvantage of the postal rule is that some people believe it to be outdated.
Should the postal rule still apply in modern day contracts by email? Introduction The Postal Rule has been a rule in contract which has withstood the test of time. We will be analysing whether this long standing rule should apply to modern day contracts conducted by email. We will discuss the Postal Rule and its birth, and determine whether it is an instantaneous form of communication through applications of case law and legislature. Background - The Postal Rule in a Historical Context The general rule in contract law is acceptance to an offer is deemed to have occurred when it has been communicated to the offeror.
Introduction It is well established that the general rule governing the acceptance of an offer is that acceptance is not effective until it is communicated to the offeror. But there exists an exception to this general rule which is known as the Postal Acceptance Rule. Although this rule applies to contract formation by post or to modes of distant communications (not instantaneous communication) but the scope and applicability of this rule to the modern forms of communication is still not determined. The issue has been debated specially in case of e-mail because of the increase in the use of e-mail as a tool for e-commerce and contract formation. Therefore it is necessary to solve the issue to determine the certainty of the rule with respect to the e-mail.
There is no explicit legislation in India prohibiting torture in India and also there is no specific law in Indian constitution demanding the inclusion of international law in Indian municipal system. However, Article 51(c) of the Indian constitution says “to foster respect for international agreements and treaties” but it’s a directive principle of state policy. The international law needs to be included in municipal laws by legislation; it cannot by itself become part of municipal law. But customary laws automatically become part of domestic laws and they need to be followed, they have a direct application. There are several
V. RECOMMENDATIONS From the above analysis, it is clear that globalization of the Indian economy in the early nineties and the consequent economic reforms necessitated the existence of effective dispute resolution mechanisms to quickly settle commercial disputes. The 1996 Act was enacted to achieve this purpose of quick and cost-effective dispute resolution. Arbitration occupies a prime position in commercial dispute resolution in India. An examination of the working of arbitration in India reveals that arbitration as an institution is still evolving, and has not yet reached the stage to effectively fulfill the needs accentuated with commercial growth. Viewed in its totality, India does not come across as a jurisdiction which carries an antiarbitration
Like Hindus are governed by Hindu Law, Muslims are governed by Muslim law etc. And hence has differential rights for both men and women. Which in a way diminishes the value of women against men, where Men enjoy the superior post and women faces exploitation. And hence there is urgent need for the call of Uniformity of Rights under Personal Laws. Constitution of India The Constitution of India prohibits any kind of discrimination on the basis of caste, sex, religion, race or place of birth.
The things that they agree to make an agreement are not just simply in oral promises but also in exchange of some value of the exchange. They would probably not need to have the same value or equal value of the exchange in an agreement but the law will take it as a consideration as adequate if the parties are agreed to the exchange. The conditions of a legally consideration is simply that the parties agree into an exchange and respect to each other, the subjects exchanged or promised in exchange. In the case of Chappell & Co Ltd v Nestle Co Ltd  The defendants, Nestle, contracted with a company manufacturing gramophone records to buy several recordings of music. The plaintiffs, Chappell & Co, held the copyright in these recordings.
As one of the main principle in international peace and security is the mutual cooperation and interests of the state for the maintenance of law and order. But the treaty today is one of the essential pre-requisites of extradition and these treaties are mostly bilateral in nature. Though extradition is founded on a broad principle of international comity that the criminals should not go unpunished and bringing criminals to justice, the states largely depends on the principle that whether there is any extradition treaty signed or not and the procedure to be followed by the courts in deciding whether extradition should be granted or not and on what grounds is decided by the municipal law of the land of the surrendering state. HISTORY OF THE EXTRADITION LAWS OF INDIA The laws of extradition in India has undergone many changes over a period of time. The history of the extradition laws in India can be traced back to the pre-independence era.
Introduction The constitution of India grants and guarantees to us certain fundamental rights which include the right to equality. Article 14 of the Indian constitution states that no person shall be denied equality or equal protection before the law. It basically implies that everyone should be treated alike and no one must be discriminated against. It ensures that in similar situations, people are treated equally. Discrimination shouldn’t be on the basis of religion, race, caste, sex, place of birth, etc.
What were the three options available for entering this market? What were the advantages and disadvantages of each? 1) The first option that the US Postal Service arrived at was the build option which “create third-party capabilities from within the Postal Service and make it a new line of service offering, similar to that of UPS and FedEx” (Maital & Seshadri, 2012, p. 504). a) Advantages would be seen in better service, better