Case of Satellite Pty Ltd for Contract Act -myassignmenthelp

Question: Discuss about theCase of Satellite Pty Ltd for Contract Act. Answer: Introduction: The present case is based on the law regarding the Contract Act. The subject matter of the question is attracting the provision of offer and acceptance (McKendrick 2014). In the provinces of Australia, the Commonwealth law has been applied and most of the provisions of the Law are follow the law of England. Contract is a legal agreement and has certain elements to fulfil the character of contract. In almost every countrys law, the elements of contract are common in nature. The first requirement regarding the contract is that it should comprised of offer and acceptance (Poole 2016). Valid offer: Offer is a proposal made by a person who has a will to make a contract with others regarding certain materials. It can be stated that the party should has intention regarding the making of contract. However, the contract is only formed when the other person or party accepts the offer (MacQueen and Thomson 2016). The nature of an offer is quite different from the nature of willingness or negotiation. It is stated under the law that the offer should be legally valid to attract the provision of contract. Therefore, it is clear from the facts that those offers cannot be treated as contract if they are not legally inbounded. It has also been mentioned under the law that it is not necessary that the offer has to be made to a specific person. It is a fact that when others accept the offer, it becomes contract. However, there is a provision that gives the offer maker an opportunity to uphold the other party has accepted the offer before the same. It is required that the offer maker should co mmunicate with the other party regarding his willingness about the offer. Cancellation of offer: Therefore, from the above discussion it has been cleared that offer is an indication to make a relation with the other person by way of acceptance regarding the same or refraining from doing anything. It has been mentioned under the law that if the person to whom the offer has been made rejects the same, the offer can be cancelled (Ktz 2017). In this case, there should be clear expression regarding the offer. If the offer could not be accepted within the stipulated period, the offer can be cancelled in that excessively. If there is a situation cropped up, where the offer maker died before the acceptance of the same, the offer will be treated as revoked. Even the action of the parties can also make the contract revoked. In this case, it has been observed that the company has expressly made an offer to the consumer regarding the way of use the CD and the payment regarding the same. It was mentioned clearly and the nature of the offer was legal. Therefore, it can be stated that in this case, the company has made a valid offer. It has been observed in Carlill v Carbolic Smoke Ball Co that if an offer has been posted on the newspaper, it can be stated that the offer has been made to the world at large. Therefore, it can be stated that the company has made a valid offer. Acceptance: When the person to whom the offer has been made has accepted the offer of the maker, the same is regarded as acceptance. An acceptance is made with certain considerations. It has been stated under the law that the acceptance will be valid if the matters that are accepted covers the whole thing as per the offer. It is to be noticed that the subject matter of the acceptance is legally valid (Andrews 2015). The offeree should accept the offer expressly to the offer maker. It is not mandatory that the offer should be accepted anyhow. There shall be certain times specified regarding the same and the acceptance shall be taken place within that period. It was held in McGlone v Lacey 288 F. Supp 662 that silence could not be held as acceptance until his gesture constitute the will of acceptance to the offer maker. It can be stated that the in the case the company has been made an offer to the consumers and the same will be presumed to be accepted when the consumers will buy the same and started to use the same with certain positive mentality. It has been clearly mentioned in the cover page of the CD regarding the terms and conditions of the same and it have been stated that all the consumers who wanted to use the same should maintain the same. Therefore, it can be stated that the consumers who will buy the CD or use the same will accept the offer. Agreement: An agreement is a legal document that has been made between two parties and where the rules regarding the offer and acceptance of the contracted subject matter has been mentioned. It is required that all the terms and conditions of the contracted subject matter should be clearly mentioned in the agreement. It has been stated under the law that the offer must be made to the person and the same should have to be accepted by the other party and the base of the subject matter should be legal in nature (Teggeler et al. 2015). It is to be noted that the nature agreement should be legal to attract the provision of the contract. Therefore, it can be stated that all the contracts are agreement but not all the agreements are contract. An agreement is stated as the meeting of mind regarding the two persons regarding the terms and conditions of the offer and acceptance. It is also to be stated that in the agreement, there shall be an existence of reciprocal duties in between the offer maker and the offeree. However, in this case, it is true that offer has been made and the same will be considered as acceptance if the consumers will be agreed to buy the product, but there is no agreement has been made, as there is no existence of any legal document. Reference: Andrews, N., 2015.Contract law. Cambridge University Press. Cartwright, J., 2016.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Greenwood, C.M., Forest, M., Voisin, G., Gaudreau, H., Kobor, M., MacIsaac, J., McEwen, L.M., Van IJzendoorn, M.H., Meaney, M.J. and O'Donnell, K.J., 2016, November. Agreement in DNA Methylation Levels from the Illumina 450K Array, Across Batches, Tissues and Time. InGENETIC EPIDEMIOLOGY(Vol. 40, No. 7, pp. 639-640). 111 RIVER ST, HOBOKEN 07030-5774, NJ USA: WILEY-BLACKWELL. Ktz, H., 2017.European contract law. Oxford University Press. MacQueen, H. and Thomson, J., 2016.Contract law in Scotland. Bloomsbury Publishing. McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK). Poole, J., 2016.Textbook on contract law. Oxford University Press. Teggeler, M., Schmitz, M., Fink, A., Jansen, J.A. and Pisters, M.F., 2015. Reliability and Agreement of Ultrasonographic Thickness Measurements of the Common Lateral Extensors of the Elbow.Ultrasound in medicine biology,41(6), pp.1592-1598.