Business Law Electronics Contracts using Email

Question: Describe about the Business Law for Electronics Contracts using Email. Answer: Several of the rules that are applicable in case of 'paper' contracts are also applicable in case of the electronic contracts that have been created by the parties using e-mail, online or other electronic means. At the same time, more and more businesses and supplies are moving towards electronic and online credit applications including with the customers were not present in Australia, the effect of these rules have become even more significant. A number of these rules have been recently considered by the courts which included the Supreme Court of Queensland that had to go through the issue of electronic signing by e-mail to contract to which an interest in land was created. Therefore the issue of electronic contracts can be divided into three parts regarding the ways in which the issues related with electronic contracts have an impact on consumers. In the first part, the issue is if an e-mail can be considered as a signature; when the credit applications and the terms and conditions of trade and the guarantees should be signed and if the foreign laws can be considered as relevant. In this second part, the issue that needs to be considered is who has the sufficient authority for signing the contract on behalf of a customer or guarantor and what will happen if such a person does not have the required authority. Similarly in partly the issue is related with the time when the parties are considered to be found during the negotiations even if it has been said by them that it is subject to contract? First of all, it has to be seen if an e-mail can be considered as a signature in case of an electronic contract. Generally if the contract or any clause of the contract creates an interest in land or is a guarantee, the law in Australia provides that there should be a memorandum or a note present in writing that has been signed by the relevant party or its agent. This condition is particularly relevant in case of the creditors who have relied on charging clause for lodging caveats on the interests over land or guarantees. For example in Stellards Case, Stellard was willing to buy land off NQF and after a series of e-mails, it sent an e-mail to NQF in which it has mentioned the amount that the company was offering to pay and also the general terms of the offer or in other words the 'offer e-mail'. There was no formal contract document that has been hand written or electronically encrypted signatures that were placed on it. In this regard, the agent of NQF (the director's son) sent an acceptance e-mail in which it had accepted the offer e-mail sent by Stellard and at the end of this e-mail, intentionally, the name Drew has been typed at the end of the e-mail. It was agreed by NQF that the e-mail getting the acceptance has been sent by Drew but it was a memorandum or a note in writing. At the same time, it was also alleged by NQF that the e-mail containing the acceptance has not created an enforceable contract between the parties regarding the land as it was not 'signed'. Therefore the issue arose if the acceptance e-mail can be considered as a signed memorandum or writing. In this regard, a national scheme is present in Australia regarding the electronic transactions law. This is present in the form of Electronic Transactions Act (Vic) 2000. At the same time, similar legislations also present in other countries. Therefore according to the court in Stellard's case, it was stated that in view of the trail of the e-mails between the parties, the acceptance e-mail had a signature and the result was that an enforceable contract regarding land was present between the parties as it was a memorandum or a writing that has been signed by the registered owner or an agent thereof. The result was that the court stated that under the circumstances, where the parties have been involved in negotiations by using e-mail and particularly when an offer has been made e-mail, it is available to the court to infer that consent regarding the use of e-mail has been given by the conduct of the relevant party (Burns and Hutchinson, 2009). Therefore the court noted that in communicating negotiations through e-mail, an implied consent has been present on part of Drew on behalf of NQF regarding the method of signing through the e-mail. It also needs to be mentioned that which relevant electronic transaction log will be applicable to the terms and conditions of the supplier will rely on the words used in these terms and conditions and also on the effective and online system, e-mails or other electronic communications are used by business for credit applications and guarantees, particularly in case an e-mail trail is not present. Therefore if it is done correctly, it is possible to sign the documents by using electronic means apart from the e-mails, provided that a supplier has strictly complied with the provisions of the relevant electronic transactions law. In order to be valid, the basic elements that have been prescribed by the contract law are also applicable in case of electronic contracts. In this way, the requirements of offer and acceptance, consideration and the capacity of the parties to create a valid contract are still regarding case of electronic contracts. However a question may arise as to when the terms and conditions and the guarantees have to be signed in order to be enforceable regarding certain rights. Therefore generally the terms and conditions and guarantees contained express terms for the purpose of securing any payment that is owed towards the supply. Some of the common examples of such a situation include the case where supply will retain the ownership of the goods in the time they have been paid for in full. Similarly, a charge can be granted to the supply regarding any interest in land that the customer may have, either at present or in future. This is also known as a charging clause. The effect of a charging clause is that it allows the supplier to lodge a caveat regarding any interest in land that has been registered in the name of the customer. This has proved to be a significant tool for the purpose of debt recovery. In order to lodge a caveat under the law of Australia, the terms and conditions (as was the case in Stellard's case) have to be signed by the customer. In most of the other countries there is a similar requirement related with the caveat lodgment systems. Similarly in case of guarantees, a charge is generally granted regarding any interest in real or personal property that the guarantor has, or is capable of granting an interest in. This is known as a general charging clause. According to the law of Australia, a guarantee has to be signed by the guarantor on the agent of the guarantor in order to be made enforceable. The test regarding any mail has been signed by guarantor or its agent can be the test that was mentioned by the court in Stellard's case. In the same way, t he requirement according to which the guarantee should be signed is also present in the law of most of the countries. Under these circumstances, it can be said that under the Australian as well as according to the Australian law, the electronic signatures are considered as being valid for the purpose of executing agreements. However, a difficulty may arise in case of electronic signatures when evidence is needed for confirming the identity of the person signing the contract or the intention of the party to be bound by the contents of the agreement. Although these risks may be mitigated by using digital signature tools that incorporated the context of the identity verification and methods of authentication like public-key cryptography but still there are certain significant issues that need to be considered. As a result it can be said that although the electronic signatures are legally enforceable but still they are difficult to prove. As mentioned above, in order to be created validly, there are certain elements that have to be present in an agreement. These elements include the intention of the par ties to create contractual relationships, accepting the offer made by a party in providing consideration under the agreement. Generally in case of commercial transactions, the creation and the execution of a valid agreement through electronic means has to satisfy these elements under the international law and also under the Australian law as is the case with the paper contracts. However apart from the usual requirements that are present in case of a labor contract, a contract that has been created using electronic means is considered as legally valid if the contract has been appropriately stored and it can be accessed after its execution. At the same time, it is also required that they should be consent present between the parties either express or implied that the information will be received electronically. At this point, it is also worth mentioning that according to the law, the purported originator is considered to be bound by the communication if such a communication has been s ent by the purported originator or with its consent. However this results in a problem that deals with establishing that this element is present, especially in the cases where the parties to the transaction have not been dealing with each other face-to-face and as a result, they cannot verify the identity of each other by using traditional means. Under these circumstances, it can be said that e-mail has outnumbered the traditional letters and faxes and has become the preferred communication method for businesses which include the negotiations for contracts. Although generally the courts are considered as being behind the times but in this case, the courts have responded towards this shift in communication and consequently, e-mail has been accepted by the courts as the means of creating a binding in between the parties. On the other hand, all the businesses are not conversant with this fact. In fact there are a number of businesses that are still under a mistaken belief that anything said or agreed to the e-mail is not binding for the parties and the also believe that a legally enforceable contract can only be created when a formal written document has been signed by the parties. But the law provides that if the parties are negotiating through e-mail but they do not want the e-mails to be binding contracts, this fact should be clearly mentioned in the e-mail that no binding contract will be created between the parties unless a formal contract is executed by the parties. On the other hand, if this condition has not been expressly mentioned, it is not likely that such a condition will be implied in the e-mails by the court. The result was that, for example, in Stellard, the court arrived at the conclusion that a binding contract related with the sale of land has been created between the parties through e-mail. More significantly, it needs to be noted that in both the offer e-mail as well as in the acceptance e-mail, it has been mentioned that the offer is subject to contract and also mentioned that it was subject to execution. After the exchange of e-mail between the parties, a contract was sent by the buyer to the seller for executive, but the same was not signed. Later on, the seller withdrew from the deal and had made a contract with another party. Therefore, it was the decision of the court that by the context of the e-mails, it can be said that it was the intention of the parties to be bound by it immediately. This was the case even if the party is expected that the agreement will be substituted by a formal contract which will also contain additional terms. In this regard, the court also stated that the e-mails fulfill the requirement according to which a contract related with the sale of land should be in writing and signed, in view of the provisions of the Electronic Transactions Act, 2001. Therefore, it can be stated that the decision given in this case follows an earlier decision of Western Australian Court of Appeal that was delivered by the court in Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd. (2015). In this case, it was stated that a contract has been created between the parties regarding the lease of commercial premises by using a series of e-mails although it was mentioned in these e-mails that the offer was subject to formal approval. While delivering this decision, the court was not affected by the fact that the parties failed to agree regarding a reinstatement clause and it also ignored the fact that no formal lease was later on signed by the parties although it was the intention of the parties to do so. The trend related with binding e-mail also extends to the settlement negotiations that take place between the lawyers through e-mail. For example in Universal Music Australia Pty Limited v Pavlovic (2015), the NSW Supreme Court arrived at the decisio n that a binding settlement agreement was created through the e-mails that were exchanged between the lawyers. In this case, the court stated that the e-mail of the lawyer in which it was mentioned that the settlement deal will be signed by the client along with the rest of the communications and the conduct of the parties, it was considered that a binding contract has been created. Although the parties had the intention that a deal will be signed later on and it was never signed but a Court refused to find the presence of an implied condition according to which, a binding contract will not be created unless the deed has been actually signed. Therefore in the end, it can be said that as a result of the expansion of Internet and e-commerce, there has been a significant increase throughout the world regarding the formation of electronic contracts. New laws are also being developed for accommodating electronic contracts. However, despite the development of new legal framework for accommodating electronic contracts, still there are certain uncertainties related with the formation of electronic contracts. References Australian Government, Commonwealth Treasury (2006) The Australian Guidelines For Electronic Commerce. Available:https://www.treasury.gov.au/documents/1083/PDF/australian_guidelines_for_electronic_commerce.pdf (September 18, 2008). Benkler, Y. (2000), Net Regulation: Taking Stock and Looking Forward. University of Colorado Law Review, 71 (4), pp.1203 1252 Burns, K. and Hutchinson, T. (2009) The Impact of Empirical Facts on Legal Scholarship and Legal Research Training. The Law Teacher, 42 (3) pp. 153-179 Carter, J. W. and Harland, D. J. (1993) Cases and Material on Contract Law in Australia, pp. 339-40 Cornwilaw (2006), Electronic signatures and Electronic Contracts, Available: https://www.corwinlaw ( 22 May 2011). Forder, J. and Svantesson, D. (2008) Internet and Ecommerce Law, pp. 52-53 Gatt, C. (1998) Comparative Issues in the Formation of Electronic Contracts. International Low and Information Technology, 6 (1), pp. 34 -57 Graw, S. (2005) An Introduction to the Law of Contract, pp. 461-464 Optus, (2009), Buying Online is Easy: A Few Things to Note. Available: https://personal.optus.com.au (December 26, 2009) Perry, D. (2002) Electronic Enforcement Environment and Capability, Internet Law Bulletin, 5 (7), pp. 73- 74 Rahukar, S., (2010), Electronic Contracts (Part-1) Club Hack Mag. Available: https://chmag.in/article/nov2010 (May 22, 2011) Schiano, W. T. (2004) CyberLaw: Text and Cases, pp. 158-159 Starke, J. G., Seddon, N. C. and Ellinghaus, M. P. (1992) Cheshire and Fitfoots Law of Contract pp. 663- 773 Case Law (Stellard Pty Ltd Anor (Stellard) v North Queensland Fuel Pty Ltd [2015] QSC 119 Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd [2015] WASCA 21 Universal Music Australia Pty Limited v Pavlovic, [2015] NSWSC 791 Statute Electronic Transactions Act (Vic) 2000

The Design Argument Does Not Prove The Existence O Essays

The Design Argument Does Not Prove The Existence Of God . Do You Agree? Paley's design argument suggests that complex items don't usually come about by chance. For example, a watch does not grow out of the ground, it needs a watchmaker in order t o exist. This means that complex items would require a complex designer. If we apply this logic to the real world then it has to prove the existence of God because the universe is far more complicated than anything a human can design. Such as , the human eye cannot be created' by scientists. 4995847305700 So, the universe must have a superhuman designer and that designer is God. Although on the other hand, many disagree because they believe that there are many holes in Paley's theory such as the fact that it refutes itself. By this I mean Paley's compares the wait in to the nature around it that is why nature must have been created just like the watch was created but as we go on to humans and how we were created there is nothing to compare us to so no solid evidence that Paley's argument is valid. The Anthropic Principle 576127647905 The anthropic principle states that the reason the universe is so well tuned for life, is because life exists there. As in, because the development of life is such a delicate process, the conditions have to be perfect. If the conditions were not perfect, life wouldn't form, so therefore, bec ause life has formed, this explains why we observe the universe to be perfectly tuned for life. Although there aero argument over whether or not the anthropic principle is a new scientific theory, or merely a statement of the obvious. 8634367436488 9286867-216012 Thomas Aquinas's First Cause Argument Thomas Aquinas's First Cause argument states that there has to be an original cause for all things God is this cause. There is a problem though if God is real God must a lso be included in all things if he is rea l. This being the case God must also need a cause but it is claimed God needs no cause because God has always existed. The second problem is that if God can exist with no cause then so can the universe. If the universe cannot then neither can God if God is real. 48100876275

Free Essays on Thems.

It is only human nature that we develop our self image based on society’s view of a perfect body. Bigger is better is the most commonly used clichà ©. Women are getting breast implants at an ever growing rate. Men are doing painful exercises and ordering expensive pills all in the race for bigger. I never agreed with the clichà ©. I don’t look for the 36-24-36 in my women. I believe that a natural breast type is more attractive than that of the exaggerated almost caricature like implanted look that is prevalent in Hollywood today. The problem is indeed Hollywood, which has a big affect on our self image as a whole. We see the way the rich and famous live and we seek to emulate it. This includes everything from their lifestyle to their look. Another clichà © I have become familiar with is â€Å"it’s not the size of the boat; it’s the motion of the ocean†. Women like for their man to master the art of sex and want a man that can help them reach a c limax. Whether their partner is built like a porn star or not is irrelevant. What matters is if their partner is confident in his self and can perform. Men however are almost completely opposite. I believe that men are more caught up in size than women. Men fantasize about the women of Hollywood and look for a woman with their similar body type. A small waist and a large bust have become ideal. This is part of the problem causing the outbreaks of implants in women.I believe that bigger is nice but contrary to popular belief, bigger is not necessarily better.... Free Essays on Thems. Free Essays on Thems. It is only human nature that we develop our self image based on society’s view of a perfect body. Bigger is better is the most commonly used clichà ©. Women are getting breast implants at an ever growing rate. Men are doing painful exercises and ordering expensive pills all in the race for bigger. I never agreed with the clichà ©. I don’t look for the 36-24-36 in my women. I believe that a natural breast type is more attractive than that of the exaggerated almost caricature like implanted look that is prevalent in Hollywood today. The problem is indeed Hollywood, which has a big affect on our self image as a whole. We see the way the rich and famous live and we seek to emulate it. This includes everything from their lifestyle to their look. Another clichà © I have become familiar with is â€Å"it’s not the size of the boat; it’s the motion of the ocean†. Women like for their man to master the art of sex and want a man that can help them reach a c limax. Whether their partner is built like a porn star or not is irrelevant. What matters is if their partner is confident in his self and can perform. Men however are almost completely opposite. I believe that men are more caught up in size than women. Men fantasize about the women of Hollywood and look for a woman with their similar body type. A small waist and a large bust have become ideal. This is part of the problem causing the outbreaks of implants in women.I believe that bigger is nice but contrary to popular belief, bigger is not necessarily better....

Be Bop

Be Bop Bebop, also known as Bop, came about from jam sessions in Harlem in the early 1940?s. Among all of these new musicians, Charlie Parker, Dizzy Gillespie, and Thelonious Monk were the leading personalities. Parker?s exciting alto saxophone flights won him the popular nickname of Bird, yet he played equally creatively in ballads and in heartfelt blues such as ?Parker?s Mood?. Many Bop musicians rejected pianist Thelonius Monk because of his harsh, zigzagging melodies. Even so, he was highly regarded for the numerous songs which he had composed. Some of his songs such as ?Blue Monk? and ?Epistrophy? were very famous. Bop requires very fine technique to play and Parker was the most skillful of these musicians. Bop pieces were played at the fastest tempos yet heard in Jazz. Bop featured many-noted solos and unusually quickly changing harmonies. Bop was extremely difficult to sing. Despite this, vocalists such as Sarah Vaughan had the necessary voice range and control to sing it well.[Portr ait of Charlie Parker, Tommy Potter, and Max...

Leadership Competency Models Research Paper Example | Topics and Well Written Essays - 750 words

Leadership Competency Models - Research Paper Example Greater inclination towards some traits than others reduces all-roundedness. The perfect college president has an equal spread of these traits. Thus, the closer one is to being an all-rounded person, the more they are fit for college the presidency. A scale can be used to rank different competency levels. The competency model can be divided into specific skills and knowledge areas that determine the success of a college president. The specific skills include teamwork, professionalism and leadership skills. Financial skills, management skills and a peek into psychology are knowledge areas important for leadership (Sanghi, 2007). For the specific skills, teamwork involves being able to comfortably work with others in solving the problem. A good college president should know how to work with others since their job involves representing students in the school. He or she has to work with the students, school administration and other student leaders solve school problems. Professionalism involves acting in a professional or ethical manner when working, such as solving issues amicably rather than inciting students to demonstrate. The college president should also have leadership skills. This is the ability to lead people and having them listen to you. Some people are natural leaders, having the ability to convince people to follow them without putting in much effort. Others are complete leadership failures, with no one listening to them no matter how important their message is. A good college president should be partly defined by knowledgeable areas. These are skills acquired mostly academically, or through experience and apprenticeship.†Leadership is developed through education and experience†, where a balance of both is required (Hughes, 2012). Such include financial skills, where the leader should know how to account for money spent on school leadership projects and

Omega 3 fatty acids and their correlation to mental health Essay

Omega 3 fatty acids and their correlation to mental health - Essay Example The media and fad dieticians have promoted diets that are low in fat. While there is a basis for reducing our intake of fat, the elimination of the essential omega-3 fatty acids may be responsible for the increasing rates of mental illness in the United States. A primary source for the omega-3 fatty acids is from cold water fish. Researchers have been aware that countries with a high percentage of seafood in their diet were less prone to having numerous mental disorders. Noaghiul & Hibbeln (2003) reported that countries with a diet high in seafood consumption such as Iceland and Korea, had far lower rates of bipolar I disorder, bipolar II, bipolar spectrum, and schizophrenia (p.2224). The study found that Germans, who consumed approximately 25 pounds of seafood per year per person, had a prevalence rate for bipolar spectrum disorder that was over 30 times greater that the population of Iceland where the average seafood consumption is almost 10 times that of the Germans (Noaghiul & Hibbeln, 2003, p.2223-2224). Intermediate countries such as the United States, Korea, and Puerto Rico all showed a strong correlation between the amount of seafood consumed and a lower rate of these major mental illnesses (Noaghiul & Hibbeln, 2003, p.2224). Thoug h they could not demonstrate the activity and causal relationship of omega-3, Noaghiul and Hibbeln (2003) concluded that the studies findings were, "†¦consistent with the hypothesis that an insufficient dietary intake of omega-3 essential fatty acids increases the risk of affective disorders" (p.2225). Increasing the consumption of seafood may help to prevent some forms of mental disorders. Some of the predisposition to the affective disorders may be treatable by increasing the intake of the omega-3 essential fatty acids. Andrew Stoll, director of the pharmacology research laboratory at Harvard

Population Control Essay Example for Free

Population Control Essay INTRODUCTION The myth of overpopulation is one of the most pervasive myths in Western society, so deeply ingrained in the culture that it profoundly shapes the cultures world view. The myth is compelling because of its simplicity. More people equal fewer resources and more hunger, poverty, environmental degradation, and political instability. This equation helps explain away the troubling human suffering in that ‘other’ world beyond the neat borders of affluence. By procreating, the poor create their own poverty. We are absolved of responsibility and freed from complexity. The population issue is complex. Hartmann (1995) asserts that to put it into proper perspective requires exploring many realms of human experience and addressing difficult philosophical and ethical questions. It entails making connections between fields of thought that have become disconnected as the result of narrow academic specialization. It demands the sharpening of critical facilities and clearing the mind of received orthodoxies. And above all, it involves transcending the alienation embodied in the very terms ‘population bomb’ and ‘population explosion’. Such metaphors suggest destructive technological processes outside human control. But the population issue is about living people, not abstract statistics. PROBLEMS ASSOCIATED WITH POPULATION CONTROL The myth of overpopulation is destructive because it prevents constructive thinking and action on reproductive issues. Instead of clarifying our understanding of these issues, it obfuscates our vision and limits-our ability to see the real problems and find workable solutions. Worst of all, it breeds racism and turns womens bodies into a political battlefield. It is a philosophy based on fear, not understanding. Now this picture both the population predictions and the social predictions are challenged by those who argue especially against compulsory population controls. It is argued that we do not have accurate figures showing the number of people now existing in the world, that we have no reliable way of forecasting future population growth, that there is no acceptable standard prescribing optimum population size, and that although the pressures of population may contribute to some social ills, they are not the primary cause of them. Those who respond to the population problem in this way point the finger in other causal directions to account for environmental decay to our economic system, which encourages environmental destruction, to our technology which is responsible for high-polluting individualized transportation, and to our minimal emphasis on public or mass transit and so on. They also point to the fact that some nutrition experts give us assurance that food resources exist which would permit the feeding of the worlds population even if it doubled. ALLEVIATING SOCIAL ILLS THROUGH POPULATION CONTROL The point is, this argument continues, that a number of voluntary moves can be undertaken to mitigate whatever causal influences population growth has on our social ills. We can produce more food, redistribute people, provide meaningful jobs for women outside the home, provide family planning programs, contraceptive information and services, early abortions, voluntary sterilization, and so on. Anything short of government coercion. Anything short of violating or overriding what is taken to be a fundamental moral and constitutional right the right to procreate and to have as many children as one wants. Gordon (2002) relates in her book that population control measures would alleviate certain local pockets of poverty, as population excess was relative, not just to the means of subsistence, but also to the system of control over the means of subsistence. In the same light, population control has always been closely associated with economic, moral and feminist issues in the United States. Many had also become aware that development by itself was not a magical solution to rapid population growth. The idea of social reform in early twentieth-century America was embedded in the larger understanding that scientific principles could and should be applied in an effort to alleviate social ills. The great social ills we face today: poverty, war, hunger, disease and ecological degradation are clearly rooted from the sheer effects of population excess to the global situation, which is why the direct solution to the problem, which is population control, is the first and most potent step to take towards lessening the evil impacts of said social ills to the global community. Although many critics claim that overpopulation has been the famous scapegoat for society’s ills, the fact that population could be controlled to a manageable degree could and would facilitate a general ease in the social inequalities being experienced by the world over due to the scarcity of resources available to the privileged few who has the means and the power to be in charge of the distribution or even the consumption of such scant resources. The growth of population very rapid in the less-developed countries, but not negligible in most developed countries, either will continue to compound the predicament by increasing pressure on resources, on the environment, and on human institutions. Rapid expansion of old technologies and the hasty deployment of new ones, stimulated by the pressure of more people wanting more goods and services per person, will surely lead to some major mistakes actions whose environmental or social impacts erode well-being far more than their economic results enhance it. This gloomy prognosis, to which a growing number of scholars and other observers reluctantly subscribes, has motivated a host of proposals for organized evasive action: population control, limitation of material consumption, redistribution of wealth, transitions to technologies that are environmentally and socially less disruptive than todays, and movement toward some kind of world government, among others. Implementation of such action would itself have some significant economic and social costs, and it would require an unprecedented international consensus and exercise of public will to succeed. Throughout its history, the emphasis and primary concern of the population control movement has been the welfare of the family; it has stressed the economic, educational, and health advantages of well-spaced, limited numbers of children. Population control cannot be achieved in a social or economic vacuum, of course. To formulate effective population control measures, much greater understanding is needed about all peoples attitudes toward reproduction, and how these attitudes are affected by various living conditions, including some that seem virtually intolerable to people in developed countries. Even more, it is essential to know what influences and conditions will lead to changes in attitudes in favor of smaller families. OUTLINE INTRODUCTION PROBLEMS ASSOCIATED WITH POPULATION CONTROL ALLEVIATING SOCIAL ILLS THROUGH POPULATION CONTROL WORKS CITED Hartmann, B. (1995). Reproductive Rights and Wrongs: The Global Politics of Population Control. Boston, Massachusetts: South End Press. Gordon, L. (2002). The Moral Property of Women: The History of Birth Control Politics in America. Chicago, Illinois: University of Illinois Press.