Assignment Task:
Task:
INSTRUCTIONS:
The work is to be submitted by 07 JULY 2021 before midnight. (In order to avoid last minute submission, submission via Safe Assign should be done earlier.)
This is an INDIVIDUAL assignment.
The entire answer should not be more than 10 pages (excluding preliminary pages such as Cover Page, Table of Contents, Reference Page and Appendix). Any page excesses will be penalized. (2 marks per page) Do not copy the assignment questions and instructions to your report.
The assignment should be typed using 12-point Times New Roman font and 1.5 line spacing.
Research must be done and all the references must be appropriately acknowledged (In Text Citation & Bibliography)
Students are expected to use reputable references such as scholar articles, journals and etc. Using unverified references such as blogs or Wikipedia will result in deductions of marks. Please use Harvard Referencing system for your in-text citation and reference(s).
Deduction of 2 marks per day from the total marks is the penalty for late submission from the due date.
Your assignment must be checked for plagiarism and collusion using Safe Assign. The acceptable similarity index would be 25% or below. Having a similarity index above this will result in deduction of marks.
The marks are given based on, inter alia, the following items, including:
How thorough is the discussion;
The points or arguments made in terms of its relevance, logic, organisation, clarity and number;
Evidence of extensive research;
How well supported is the conclusion;
Personal analysis, and
How well the question is answered.
You must submit one electronic version (pdf format) via Safe Assign. Please ensure that you attached the correct COVER PAGE with your assignment. All pages should be numbered (except for cover page) to ensure that there are no missing pages.
CASE SCENARIO
Let me first consider a case where two people make a contract by word of mouth in the presence of one another. Suppose, for instance, that I shout an offer to a man across a river or a courtyard but I do not hear his reply because it is drowned by an aircraft flying overhead. There is no contract at the moment. If he wishes to make a contract, he must wait till the aircraft is gone and then shout back his acceptance so that I can hear what he says. Not until I have the answer am I bound……… Now take a case where two people make a contract by telephone. Suppose, for instance, that I make an offer to a man by telephone and, in the middle of his reply, the line goes “dead” so that I do not hear his words of acceptance. There is no contract at the moment. The other man may not know the precise moment when the line failed. But he will know that the telephone conversation was abruptly broken off: because people usually say something to signify the end of the conversation. If he wishes to make a contract, he must therefore get through again so as to make sure I heard. Suppose next, that the line does not go dead, but it is nevertheless so indistinct that I do not catch what he says and I ask him to repeat it. He then repeats it and I hear his acceptance. The contract is made, not on the first time when I do not hear, but only the second time when I do hear. If he does not repeat it, there is no contract. The contract is only complete when I have his answer accepting the offer.
Lastly take the Telex. Suppose a clerk in London office taps out on the teleprinter an offer which is immediately recorded on a teleprinter in a Manchester office and a clerk at that end taps out an acceptance. If the line goes dead in the middle of the sentence of acceptance, the teleprinter motor will stop. There is then obviously no contract. The clerk at Manchester must get through again and send his complete sentence. But it may happen that the line does not go dead, yet the message does not get through to London. Thus the clerk at Manchester may tap out his message of acceptance and it will not be recorded in London because the ink at the London end fails, or something of that kind. In that case, the Manchester clerk will not know of the failure but the London clerk will know of it and will immediately send back a message “not receiving”. Then, when the fault is rectified, the Manchester clerk will repeat his message. Only then is there a contract. If he does not repeat it, there is no contract. It is not until his message is received that the contract is complete.
In all the instances I have taken so far, the man who sends the message of acceptance knows that it has not been received or he has reason to know it. So he must repeat it. But suppose that he does not know that his message did not get home. He thinks it has. This may happen if the listener on the telephone does not catch the words of acceptance, but nevertheless does not trouble to ask for them to be repeated: or the ink on the teleprinter fails at the receiving end, but the clerk does not ask for the message to be repeated: so that the man who sends an acceptance reasonably believes that his message has been received. The offeror in such circumstance s is clearly bound, because he will not be estopped from saying that he did not receive the message of acceptance. It is his own fault that he did not get it. But if there should be a case where the offeror without any fault on his part does not receive the message of acceptance – yet the sender of it reasonably believes it has got home when it has not – then I think there is no contract.
My conclusion is, that the rule about instantaneous communications between the parties is different from the rule about the post. The contract is only complete when the acceptance is received by the offeror: and the contract is made at the place where the acceptance is received. (Denning LJ in Entores Ltd v Miles Far East Corp)
QUESTION
WITH REGARDS TO THE EXCERPT STATEMENT ABOVE BY LJ DENNING FROM THE CASE OF ENTORES LTD V MILES FAR EAST CORP., DISCUSS THE RULE(S) WITH REGARDS TO EFFECTIVE COMMUNICATION OF ACCEPTANCE AND ITS EXCEPTION(S).
*** All answers, points or discussions put forward should be cited with relevant authorities (Sections from statute laws or name of case-laws) or in-text citation and thereafter should be referenced in your reference page accordingly. Harvard Referencing Format should be put to good use. ***
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