Todays Postal Rule Application - Free Essay Example

Sample details Pages: 5 Words: 1394 Downloads: 9 Date added: 2017/09/20 Category Advertising Essay Type Argumentative essay Tags: Communication Essay Knowledge Essay Did you like this example? It is usually said that not only the offer be accepted, but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face, this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common case, the rule is subject to an exception (Dudgale, 1992). It was decided in Adams v Lindsell (1818) that a postal acceptance was effective as soon as it was posted even if the letter is delayed, destroyed or lost in the post and it never reaches the offeror. On 2nd September, the defendant wrote an offer selling goods to the plaintiff and asked a reply by post. On 5th September the plaintiff received the letter and sent his acceptance by post. However the defendant had sold the goods to a third party on the 8th September and received the letter of acceptance by the plaintiff on 9th September. It was held that a binding agreement was made and the postal rule noted that the date of sending is the date of acceptance. (McKendrick, 2008) In Household Fire and Carriage Accident Insurance v Grant (1879), this rule was applied even when the letter of acceptance was inadequately stamped or wrongly addressed, and it is open to the offeror to say expressly that he will not be bound until he receive the acceptance. Moreover, in Holwell Securities v Hughes (1974), the Court of Appeal held that such a requirement could be implied from the nature of the contract (exercise of an option). Keenan, 2007) Meanwhile, modern forms of communication such as e-mail, telephones with answering machines and faxes do not follow the postal rule. (Kelly, Holmes Hayward, 2005). On the other hand the communication rule was applied to contracts of telex by the Court of appeal in E ntores v Miles Far East Corpn (1955) and by the House of Lords in Brinkibon v Stahag Stahl (1982). In these cases generally, the telex machines were in the offices of the parties and messages were sent during the office hours. Communication, therefore, was practically instantaneous as it is on telephone, which is assumed to be covered by the same rule. (Rose, 2008) The postal rule does not apply to the modern form of communication, also known as instantaneous communication because they occupy an intermediate position. This can be said that the time of acceptance is the time of receiving compared to the postal communication. However, courier service is still bound to the postal rule as the time of acceptance is the time of sending. Beale, Bishop Furmston, 2008) There are criticisms existed for postal rule. One of the criticisms of the rule is that it favours the offeree. The English case of Household Fire Insurance v. Grant (1879) is a prime example of the possible injustice whic h may result in the application of the postal rule. In this case, on receipt of an offer from Grant to take up an insurance policy, the company posted back their acceptance and the letter never arrived, so Grant was unaware of the acceptance from the company. It was held that a contract existed, and that he was liable to pay premiums. (O’Brien, 2007) This example shows how, through application of the postal rule, a party may be bound by a contract without actual knowledge of its existence. If the rule stated that the contract would not be formed until receipt by the offeror, injustices like this could be avoided. According to Furmston (2001), it would also have been acceptable as a ruling in the Adams v. Lindsell case as â€Å"the defendants’ offer would not be revoked by their sale to third party on 8th September. This statement underpins the fact that the ruling was an arbitrary one, which was needed to make certain the law regarding acceptance by post at the tim e. (O’Brien, 2007) Due to the high proportion of modern forms of communication, for example fax, registered post where receipt of acceptance is normally issued to the customer, and e-mail, the usage of the postal system in modern day business is waning. Electronic telecommunication, are the most common competition for the long established postal system. One of the earliest references of case law regarding electronic communications is Entores Ltd v. Miles Far East Corporation (1955). This English case deals with an offer which was sent via the plaintiff’s telex machine to the defendants in Holland. The plaintiff sent a telex message from England offering to purchase 100 tons of Cathodes from the defendants in Holland. The defendant sent back a telex from Holland to the London office accepting that offer. The question for the court was at what point the contract came into existence. If the acceptance was effective from the time the telex was sent the contract was made in Holland and Dutch law would apply. If the acceptance took place when the telex was received in London then the contract would be governed by English law. The English Court of Appeal held that the contract was concluded when the acceptance was received in London. This set a precedent which isolated electronic forms of communication from the authority of the postal rule. (Poole, 2008) The principles of the Entores case were approved by the House of Lords in the case Brinkibon Ltd. v. Stahag Stahl und Stahlwarenhandelgesellschaft GmbH. Lord Wilberforce declared that he would accept it as a â€Å"general rule †¦ but not necessarily a universal rule. He believed that to avoid the injustice that might be caused by universal application of the rule, cases regarding instantaneous forms of communication must be resolved â€Å"by reference to the intention of the parties, by sound business practice and in some cases by a judgment where the risks should lie. † This lack of an undeniable rule creates a margin for the types of cases which would otherwise be dealt with in an unjust manner. (Peel, 2007) Nonetheless, if an offeror provides an offer with an e-mail address for purposes of correspondence, the acceptance by the offeree is effective when it first becomes accessible by the offeror. This is a contemporary example of how the postal rule is being dispensed with in favour of the more liberal general rule as applied in Brinkibon. (Peel, 2007) Another criticism of postal rule is that the effects due to revocation of offer. Where an acceptance is posted after the offeror posts a revocation of the offer, however before that revocation has been received, the acceptance will be binding, as posted acceptance take effect on posting. (Kelly, Holmes Hayward, 2005) This point is illustrated in Byrne Co. v. Van Tienhoven Co. (1880), where the courts confirmed the long-standing idea that any revocation of an offer must be communicated to the offeree; al though again there are some exceptions to this rule. The offeror need to communicate this revocation to the offeree himself, however. It is not always practicable for a company, or even an individual, to communicate directly with the other contracting party and this is reflected in the decision in Dickinson v. Dodds (1876) that revocation may be communicated by a reliable third party. Kelly, Holmes Hayward, 2005) The question is then whether a revocation sent at the same time as an acceptance will nullify an offer. In Household Fire and Carriage Accident Insurance Co. v. Grant (1879), the court ruled that the postal rule only applies to acceptances. As a result, revocation is only effective if it can be received by the offeree before they post their acceptance. (O’Brien, 2007) In contract law, the offeror is aware of the terms of an offer before the offeree and thus is in a better position to know when that a contract may be created. It would therefore unjustifiably preju dice the offeree if the offeror were able to withdraw their offer even after a letter of acceptance has been posted. The postal rule reflects this state of interaction and goes some way to balancing the power levels between the two parties. (Kelly, Holmes Hayward, 2005) In a nutshell, judging by the criticism of the postal rule which it favours the offeree creating unbalance in justice and the effect after the offer being revocated, this postal rule of acceptance will not be applicable to modern forms of communication. Don’t waste time! Our writers will create an original "Todays Postal Rule Application" essay for you Create order

The Theory Of Social Class - 1128 Words

Another factor that affects identity is social class. The Marxism assumption is that socio-economic position is a fundamental element to shape identity. People are not individuals, but part of a class. The Marxist ideology is that of â€Å"false consciousness†, this meaning that some classes, the lower, working class, are not aware of the position they have to society. As a result, this is why they often work in jobs that are underpaid. Some Marxist theorists believe that class identity is procreated in culture. Pierre Bourdieu believed that class identities are related to cultural activities. One’s cultural preferences are constructed and differentiated by class. Madame Bovary is a good example for this, as she classifies different groups of people socially. Her, being from a lower class, yearning for luxury and wealth. Paris is a place where the upper (middle) class lives a comfortable life, and where she later has an affair with Là ¨on. Another factor influencing c lass identity is access to education, which is not equal across the classes. People from the upper classes will have no problem providing their children with an education. Whereas the working class might have difficulties, for example with sending their children to University. Another interesting aspect is the correlation between social classes and voting, as studies have shown that not always do people vote according to their social class. For example, some lower class or â€Å"working class† are found to vote forShow MoreRelatedSocial Construction Theory And Social Class1270 Words   |  6 Pages The social construction theory is based on the reality that the society has created that may seem obvious to a person who agrees to it. In other words, our life experiences and interaction towards others is the way we create our reality through social interaction. This means that we were not born with this sense of knowledge, but was taught through social interaction and our l ife experiences (Orem 2001a, 7). Social construction is based on the categories of difference which are race, genderRead MoreMarxist Theory And Social Class1238 Words   |  5 PagesWestern societies, there is a social division due to stratification and classes. Strydom (2005) defines social class as group of individuals that share similarities like power and prestige. Saunders (2001) states that stratification is the presence of distinct social groups which are ranked. Therefore, the major difference is that stratification shows diversity while social classes defines an inequality. In Marxist theories, society is divided between two classes, and social stratification is the conflictRead MoreSocial Conflict Theory : Class Conflict Essay1299 Words   |  6 Pagescorporations do to individual’s lives outweigh that service. Karl Marx constructed a social conflict theory called class conflict, this theory states that people have one of two basic relationships to the means of production they either own productive property or they labor to others. These different productive roles directly stem from different social classes. When there is severe social stratification, more social conflict arises. Marx predicted that because of this, the working majority wouldRead MoreSocial Class Theory And Political Sociology1303 Words   |  6 Pagessociology—pluralist, elite theory, and social-class perspectives. Classic pluralist see power held by a variety of groups in society; some of which are more powerful than others.The diverse and competing interests of different groups is the basis for a democratic equilibrium. These groups compete with each other to maximise their influence. No one group or class is able to dominate all other groups because of checks and balances built into a democratic syste m. Elite theory involves the idea that ratherRead MoreThe Structural Functional Theory Of Social Class849 Words   |  4 Pagesfunctional theory, which views society as a peaceful unit, conflict theory interprets society as a struggle for power between groups engaging in conflict for limited resources. Karl Marx is the founder of conflict theory†. The social class most likely to implement or adopt the use of conflict theory are the capital class. As stated in class the social class has a minority called the â€Å"Bilderberg Group†; they hold incredible influence over government policies, Represent shared intra-class interestsRead MoreThe Conflict And Functionalist Theories Behind Social Class1496 Words   |  6 Pagesmaterializes the upper class, vulgarizes our middle class, brutalizes our lower class. In Australia, social class is a widely recognised concept, however some individuals, particularly the wealthy people, will argue that social class in non existent, that with hard work anyone can achieve, what they set their mind onto. The social stratification system, is based on objective criteria, including wealth, power, and prestige. The Australian notion of equal opportunity, insinuates that social class does not affectRead MoreKarl Marx s Theory On Social Class902 Words   |  4 Pagesthe working class, which proceeded on to one of his main theories being on class, which lies on the principle that ‘the history of all hitherto existing society is the history of class struggles’ (Engels and Marx, 1848, p1). Marx’s concept on social class was built on the notion that human society had the historical tendency to always be separated by two classes who were continuously in conflict; the bourgeoisie and the proletariat. He believed that whatever economic division, or class, people wereRead MoreKarl Marx s Theory Of Social Class2099 Words   |  9 PagesBeyond the centric study of social classes, Karl Marx has also contributed other works in his field of communism in which everything he focused on was all around and bridged to social classes. In Marx’s mind, standard of living, economy, exploitation, and alienation are all listed in the category of social class that â€Å"class differentiation becomes for Marx the decisive factor in the formation of the body politic† (Avineri, 1968, pg. 25). By referring to the liberal economy, Marx was neither the pioneerRead MoreNeo-Marxist Contribution to Theories O Social Class Inequality884 Words   |  4 PagesHow far would you sa y that Neo-Marxist have contributed to the continuing relevance of theories of social class inequality today? Social class inequality can be defined as the existence of socially created inequalities among and within classes. They can be attributed to various factors such as race, colour, ethnicity, gender, income, etc. It is arguable that inequalities that exist in post-independence societies as well as the inequalities which exist between nations can be directly traced backRead MoreWhat I Have Learned From A Social Theory Class1240 Words   |  5 Pagesthis sociology paper I will present what I have learned from this social theory class. We learned about many miraculous theorists such as Karl Marx, Auguste Comete, Herb Spencer, Emile Durkheim and many more theorists. I will present what I have learned by comparing and contrasting George Herbert Mead and Charles Horton Cooley. This paper will examine what both of these great theorists studied, some of their background info and theory. George Herbert Mead George Herbert Mead was born on February

Network Requirement Analysis and Plan †MyAssignmenthelp.com

Question: Discuss about the Network Requirement Analysis and Plan. Answer: Introduction The fundamentals of network design for the University Campus are discussed in this section. To design a network, its basic concepts such as the network topology also important to be considered and its selection is an important criterion. The geometric representation of network topology is to build relationship among all the links connecting the device nodes (Chapman Cooper Zwicky, 2000). Network topology represents the physical topology and represents the way in which a network is physically connected. It is logical topology that defines flow of data through the network. Design types determine the type of Network for the Campus is interested to adopt in order to meet their work system requirements. There are different types of designs available for the company to adopt into their system. The various configurations used in the network set up is LAN, WAN, MAN and CAN. The specific requirement depends upon how much big the area need to get covered along with their complexity. In the small business network setting the need of high frequency Wi-Fi connections demand are high in demand (Chen, Iyer Whisnant, 2002). Analyse and discuss the significance of internetworking for GITAM University. The plan is to analyse and address the star up issues with the University. It is related to their network design, inter networking and implementation process. Since the University is going to have highly distributed, heterogeneous and globalised set of branches across the area hence a comprehensive system of network is designed to maintain their connectivity without any interruption. The network topology is chosen initially and designed as per their requirements. Network is designed in order to provide 100% availability with time. Efforts are made to maintain the network availability in wide adverse situations of link failure, equipment failure and overload conditions. Network designed to support tremendous traffic loads with the time. Design is carried out with consistent application response time. Protection is provided against unexpected security incidents. The important necessity to build the network includes proper network topology, router, wireless adaptor through which all their systems are internally connected. The best solution to network design is to ensure that they must meet the basic requirements. In this mode of network design an inter connection of network design procedure has been adopted. This has three components in its network layer namely core layer, distributed layer and Access layer (Ali Alabady , 2007). Network Device Network Interface Card (NIC) or LAN(Local Area Network) Card Media - Wired or Wireless Networking devices - Hubs, Switches, Routers etc. Computers like Laptop or Desktop. Operating systems like Windows, Linux and Mcintosh and so on. Other requirements S. No Device Manufacturers name Series Model Features 1 NIC NETGEAR 10.10.10.1 RTL8111C(P) Computers of various types connect to networks via several types of wired and wireless interfaces, the most common being Ethernet and Wi-Fi Alabady, 2008). These interfaces may be integrated into the motherboard, or they may come in the form of an add-on card that connects to the computer via PCI/PCIe or USB. 2 Hub Intel(R) Corporation 1.0.5.235 HID It acts as a central point of communication among e media devices. 3 Switch Dell Inc DEMOSERIAL Powerconnect2824 Devices essentially serve as hubs for the network. Multiple computers link to a router or switch, which itself may be connected to other switches. 4 Router Cisco Cisco router_30 Cisco - 1841 These devices setup their own sub network. Only one per one device is permitted. Table: Network device specification A design table specifying IP network IP address specifying Network Topology diagram Management Software access to every computer from each of the location using a fixed IP address. Network configuration (ACL configuration and Router interface with explanation) The cables are often used in the networking set up. Although now a days the cable requirements are often, but the use of cable is perhaps required in minimum amount. There are various type of cable such twisted pair cable unshielded, twisted pair cable shielded, co axial cable, fibre optic cable, and wireless LANs. The most important server operating system used is that UNIX like operating system. They are open source system. They have the features of ability to fast recognise and software and hardware updating capacity without re starting the system. They have the capacity of flexibility an transparent data transfer among the devices. They have to store tera bytes of data in daily basis and hence th size of the data sources are enormous. The server has space ranging from 16 GB to 128 GB RAM and are equipped with multi-tera byte HDD storage. Network Design in Netsim NetSim 8.0 is an application. This system of software allows to apply the vision of network design within the application. They are performed using the Cisco command line equipment. NetSim is a network simulation and emulation tool. It is mainly used for the purpose of network design. It is done with the basis of network planning and management system. Many technologies are being covered in th design process using NetSim. Thy are wireless sensor networks, wireless land area network system, MANETs, LTE and many more. Network navigation mode allows viewing the devices tat are closely connected with each other and with whom they are connected sequentially. At the same time they have the feature of displaying the network connectivity in the active mode. By right clicking on the device, we can view the device with the topology in order to access the selected device. The sequential set connectivity using NetSim has been shown in the below representation. The simple way of connection is at first shown and it is then followed by rest of the connectivity for the entire University campus. This shows how the routers are connected and forming sub networks. This shows how all the other networks are being connected for the access control from the management system. The network connection design along with the simulation result is shown. During the installation of the operating system the network software installation takes place. A certain IP configuration parameters are used in the appropriate files tat are stored. They are stored in such a way that they can be read at the boot time Akyildiz, Melodia Chowdhury, 2008). After the completion of building the entire network, it is required to make sure for the testing of the equipment and the performance monitoring of the entire network for the specific range of duration. Before starting the complete set up, it is required to test the entire network performance. To avoid the situation of sudden system failurerity, it is utmost require to keep a regular monitoring system. The monitoring system is required to enable all of this redundancy (Akin, 2002). Conclusion World class University in todays scenario is impossible without emails, online banking and all other important services that are linked by the internet. The services computer network plays an important role to access the information necessary to maintain the connecting operation. For interconnectivity of components within the campus a network topology adapts to the physical and set up and to maintain the interconnection between arrangement of computers, cables and other component. It is important in a data communication network since the information travels through packet form from one device and sending it through the network to another device on a different network. References Akin, T. (2002), Hardening Cisco Routers. OReilly Associates. Akyildiz, F., Melodia, T. Chowdhury, R. (2008). Wireless Multimedia Sensor Networks: Applications and Testbeds, Proceedings of the IEEE, vol. 96, no. 10, pp. 1588-1605. Alabady, S. (2008). Design and Implementation of a Network Security Model using Static VLAN and AAA Server, In Proceedings International Conference on Information Communication Technologies: from Theory to Applications, ICTTA. Ali, Q. Alabady ,S. (2007). Design and Implementation of A Secured Remotely Administrated Network, In Proceedings International Arab Conference on Information Technology, ACIT . Chapman D., Cooper S. Zwicky, E. (2000). Building Internet Firewalls, 2nd Edition, OReilly Associates. Chen S., Iyer R., Whisnant K. (2002). Evaluating the Security Threat of Firewall Data Corruption Caused by Instruction Transient Errors, In Proceedings of the 2002 International Conference on Dependable Systems Network, Washington, D.C.