Contracts
Introduction:
The question of whether contract law can absorb technological change without the need for distinctive guidelines, presuppositions or similar rules is highly dependent on the effects of the amendments to the Electronic Transactions Act 2000 (NSW) (“ETA”). The impact of the ETA on traditional common law principles varies depending on the level of certainty and predictability available in the circumstances and how the law applies. The suitable amount of consistency is likely to vary for the purposes of different legal requirements, depending on the contract formation and how the technology responds to the certain demands of the contracting parties. At a theoretical level, what is required to attain additional certainty in the continuously emerging online domain is a system that identifies and acknowledges all contract presuppositions in order for the ETA to respond entirely and absorb technological change in regards to traditional common law principles. Therefore, it is arguable that Eliza Mik’s statement about the impact of the ETA on traditional common law principles of contract law are suitable to a certain extent as through the analysis of the law, it becomes evident that not all avenues of change in regards to technology can be adapted to without the need for special rules, presumptions or parallel regimes. However, the construction of the common law principles of contract law are vast, widespread and cover many aspects that allows for the amendments to the ETA to promote certainty and predictability as the principles of contract law can apply to those contracts formed electronically.
Formation of a Contract – Offer and Acceptance:
Offer and acceptance consideration is the established method implemented in defining whether parties who were considering entering into a contract have in fact accepted beyond the point of conferring and have established an agreement.1 The ordinary rule is that to establish a contract, it is required that
The question of whether contract law can absorb technological change without the need for distinctive guidelines, presuppositions or similar rules is highly dependent on the effects of the amendments to the Electronic Transactions Act 2000 (NSW) (“ETA”). The impact of the ETA on traditional common law principles varies depending on the level of certainty and predictability available in the circumstances and how the law applies. The suitable amount of consistency is likely to vary for the purposes of different legal requirements, depending on the contract formation and how the technology responds to the certain demands of the contracting parties. At a theoretical level, what is required to attain additional certainty in the continuously emerging online domain is a system that identifies and acknowledges all contract presuppositions in order for the ETA to respond entirely and absorb technological change in regards to traditional common law principles. Therefore, it is arguable that Eliza Mik’s statement about the impact of the ETA on traditional common law principles of contract law are suitable to a certain extent as through the analysis of the law, it becomes evident that not all avenues of change in regards to technology can be adapted to without the need for special rules, presumptions or parallel regimes. However, the construction of the common law principles of contract law are vast, widespread and cover many aspects that allows for the amendments to the ETA to promote certainty and predictability as the principles of contract law can apply to those contracts formed electronically.
Formation of a Contract – Offer and Acceptance:
Offer and acceptance consideration is the established method implemented in defining whether parties who were considering entering into a contract have in fact accepted beyond the point of conferring and have established an agreement.1 The ordinary rule is that to establish a contract, it is required that
Bibliography: Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 at 268 De Silva, Aldrin, ‘Electronic Transactions Legislation: An Australian Perspective’ (2003) 37 International Lawyer 1009 Carter, John W., Cases and Materials on Contract Law in Australia (LexisNexis Butterworths, 6th ed, 2012) Manchester Diocesan Council for Education v Commercial and General Investments Ltd [1970] 1 WLR 241 at 245