Law of Tata Showroom Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Contract Law of Tata Showroom. Answer: Issue According to the case study Tata showroom husband arises whether Isabella can take any legal action against her sister for not providing the appropriate service according to their contract and able to claim the compensation for the reach of the contract? Rules The postal rule is one of the important terms under the contract law. According o the terms of the contract the postal rule also consist of equal terms which includes the offer and acceptance, consideration, capacity, intention and certainty which must formed between two or more than two parties. The basic medium of the postal rule is the contract should form through email or phone or letter. It must have a legal intention to create a valid contract under the specific mutual terms. Adam v Lindsell [1818] is one of the historical cases of postal rule under thecontract law where the terms of the contract has been applied for the first time by the federal government. The court has identified the issues where they found the facts that a contract has been introduced between two parties through a mail. The both of the parties has been found to follow all the elements of contract which consists of the offer and acceptance, consideration, capacity, intention and certainty. However later the plaintiff has filled a case against the defendant for breach the terms of the contract and applies for the compensation for the loss he has suffered. Tallerman Co Pty Ltd v Nathan's Merchandise (1957) is another famous case where the fact has been found that a contract has been formed according to the terms of postal rule. However, the court has added the statement where it has found that the contract has failed to satisfy the terms of contract for not accept the offer. In the case of Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH House of Lords [1983] the contract has failed to satisfy the terms of postal rules and it breached the contract by the defendant. Bressan v Squires Supreme Court of New South Wales [1974] is another case which significance the terms of the postal rule under the contractlaw where contract has been placed through an email between the parties but it again failed satisfies the terms. The Entores Ltd v Miles Far East Corpn (1955) and Holwell securities Ltd v Hughes (1974) other two case of postal rules where the contract has been formed according to the terms of postal rule which includes the offer and acceptance, consideration, capacity, intention and certainty. Application According to the fact of case Isabella loves to collect film and television memorabilia and she planned for a holiday in United Kingdom, Italy, London and Rome. Therefore she contact with UberTour Pty Ltd which is a travel agency and runs by her sister Siena. Siena has sent her an email about the details of the tour, charges and to contact in between a particular time with the acknowledgement. Isabella sent a reply to her sister Siena on the next day within the time which has mentioned in the previous mail. However due to negligence of Siena for not paying the overdue account of email service, the service provider as disconnect the connection which caused that she did not get the mail within the time. Therefore Isabellas trip has been canceled. Now according to the terms of the postal rule the contract has been formed though an email between Isabella and Siena. It also satisfied the terms of the contract which includes the offer and acceptance, consideration, capacity, intention and certainty. Therefore a valid contract has been formed when Siena sent the email to Isabella with the offer of the tour packages and the next day when Isabella replied to her within the time with the acceptance of the offer. An offer and acceptance has found, they have mutual consideration, both of them have an intention to create a legal contract, both of them are sound mind along with their capacity and certainty where there is a particular of time period. Therefore a valid contract has been formed between Isabella and Siena. According to the terms of the postal rule the effectiveness of the contract has applicable when the acceptance has been communicated through a mode of communication. Therefore it is defining the basic rule of the agreement for the communication of acceptance is received. When a letter has been post therefore an offer has been given and reply to the letter to the offer make the acceptance of the offers Conclusion Therefore according to the cases study, Siena has breached the terms of the postal rule and Isabella is bound to claim the damages from her. References Adam v Lindsell [1818] B Ald 681 Bressan v Squires Supreme Court of New South Wales [1974] 2 NSWLR 460 Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH House of Lords [1983] 2 AC 34 Entores Ltd v Miles Far East Corpn (1955) Holwell securities Ltd v Hughes (1974) Tallerman Co Pty Ltd v Nathan's Merchandise (1957) 98 CLR 93, 111-112