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"The transmission of such a price-list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might find himself involved in any number of contractual obligations to supply wine of a particular description which he would be quite unable to carry out, his stock of wine of that description being necessarily limited. I entertain, I confess, a very clear opinion that the Solicitor-General was quite right in arguing the case on the assumption that no sales were made in this country." Lord Herschell Just over one hundred years ago the above ratio-decendi was given in what was at the time a case concerned with alleged back taxes owed by Grainger & Son. Grainger & Son henceforth referred to as G&S were British wine merchants who as a side venture passed on the price lists of a French wine producer to their customers. G&S received a commission on any orders placed with said producer and paid tax on this commission. Gough claimed that tax was payable on the whole value of these sales not just the commission element. Monsieur Roederer henceforth Mr R was a wine producer located in France. He decided whether to accept orders the orders gathered by G&S or not. The reason for this being that the wine was shipped out ahead of any payment being received and Mr R wanted to vett his customers credit worthiness. The wine was shipped directly to the customer in the UK from France. Most customers settled their accounts directly with Mr R. A few customers instead made payment to G&S who would pass on to Mr R any amounts in excess of the commission they happened to be owed. In summary the flows of events are: Mr R, located in France, sends price list to G&S in Britain G&S distribute price list Customer places, for want a better word, an order with G&S for wine produced by Mr R G&S forward order to Mr R Mr R dispatches wine to customer Mr R dispatches bill for said customers wine to G&S for onwards transmission G&S forward bill to customer Customer sends payment to Mr R "“ occasionally made to G&S who forward this to Mr R Mr R sends receipt to customer G&S pay tax on commission received G&S maintained that they entered no contracts regarding Mr R's wine. Gough held the converse view that G&S entered contracts themselves and thus sold Mr R's wine. Our starting point must be to define what a contract under English law is. The Jurists Bentham and Austin have laid down that the "two main essentials of a contract are these: first, a signification by the promising party of his intention to do the acts or to observe the forbearances which he promises to do or to observe. Secondly, a signification by the promise that he expects the promising party will fulfil the proffered promise." More precisely to form a contract under English law the following elements are required i a valid offer has been proffered by the first party to another party or parties ii the offer has been accepted unchanged by the second party or parties and this has been communicated to the offerer . iii there is an intention by all parties to create legal relations when they entered into the contract and the parties have the capacity to contract iv the promises made within the contract are for valuable executive consideration and v the terms of the contract are certain. Did Mr R make an offer through the medium of his price list. Looking in Mozley and Whiteley"s Law dictionary an offer is "An expression of readiness to do something e.g. to purchase or sell". Mr R is saying that he is willing to sell wine. Based on this definition initial opinion would say that the price list does constitute an offer. Continuing with this line of thought G&S acted in an agency capacity for Mr R making an offer to the customers they approached and receiving the acceptance of any order. If the customers accepted G&S's offer made via the medium of the price list then Mr R merely shipped directly from France. The bills for said wine were sent to G&S who would then forward them on to the British customer. These points all suggest that the sale was made in the UK by G&S. The listing of Mr R, in the Post Office London Directory, as trading from G&S's establishment further hints at an agency type arrangement. Much of the argument supporting the invitation to treat viewpoint is by drawing analogies with cases involving auctions such as Payne v. Cave 1789 and Harris v. Nickerson 1873 in which both concluded that bidders make an offer which the auctioneer is free to accept or not. The bidder's offer being retractable until accepted by the auctioneer . The pricelist could be seen as statement of the minimum price at which Mr R would bewilling to sell wine drawing analogies with Harvey v Facey 1893. Mr R's supply of wine in any year is finite and demand could outstrip supply leaving an impossible back log of orders all demanding specific performance. Mr R could possibly, though extremely doubtfully, claim the defence of frustration as the things contracted for no longer exist. Add to this Mr R's option to reject any order makes it appear that his price list is an invitation to treat as otherwise it would be an offer that is subject to revocation without notice. Acceptance of an offer has to be communicated. At the time of this case, 1896, the only readily available methods of communication for distant parties were the postal system or telegram. The postal rule would apply to any customers acceptance sent via these mediums and hence any revocation of the offer would be impossible The final item to consider is the peculiar concept of consideration to be found in the English legal system and those derived from it The 1677 Statute of Frauds made consideration vital in any contracts not made under seal. G&S received no consideration for the wine therefore they could not be a party to the contract. [Transfer of title occurred only between Mr R and the customer]. That occasionally the payments for the wine were made to G&S instead of directly to Mr R was held to be equivalent to Mr R, for the sole convenience of his customers, operating a British bank account to receive payments. Graiger v. Gough was one of the major cases in the creation of the principle of invitation to treat. In order to explore this principle more fully the case will be re-examined as it occurred today. Once again the starting point is was the price list an offer or merely a willingness to deal. There are a number of variants on an invitation to treat these are: pre-contractional negotiations , shop displays and finally advertisements. G&S's supply of the price list to potential customers is a form of direct marketing and falls under the last of these three categories. To be classed as a unilateral offer the price list would have to show some intention to be bound by pro-offering a tangible benefit, in excess of sales puff, that could be accepted by performance rather than communication . Is there any similarity to Bowerman v. ABTA 1995 or Carhill v. Carbolic Smokeball Company 1892. If the answer to this is a negative then the next step is to determine where the act of offer & acceptance occurs. In a face to face situation such as a shop the customer offers to buy goods by presenting them at the till and the shop either accepts or rejects this offer to buy. The goods on the shelves are merely invitations to treat in keeping with the findings of Fisher v. Bell and Pharmaceutical Society of GB v. Boots Cash Chemists. The views of this in America and the European Community are slightly different. Although it seems odd that a shop would not want to sell its stock the English legal system is designed to achieve consistency even if it has to distort the persons actual intent. This produces oddities such as Partridge v. Crittenden 1968 where a newspaper advert to sell wild birds was found to be an invitation to treat not an offer to sell so the defendant escaped prosecution under the Protection of Birds Act 1954 . A key point in the original Graniger v. Gough was where was the contract made. Today the location of the act of contracting can be different depending on the mode of acceptance. The postal rule puts acceptance at the place of posting. Where both parties use a telex or nowadays facsimile machine the Court of Appeal decided in the case of Entores Ltd v. Miles Far East Corporation 1955 that the contract was entered into when and where the acceptance was received. Lord Denning confirmed, obiter" that the same principles also apply to acceptances by telephone. Answering machines and voice mail are assumed to at maximum delay receipt of the acceptance till the next working day rather than grant them an agent status capable of entering contracts. Faulty hardware, lack of link & paper or sloppy business practice, such as not checking the fax for days, does not stop or delay the acceptance of an offer. Public holidays and weekends however do delay acceptance till the next working day. E-mail contrary to popular belief is not always an instant form of communication. An e-mail may pass through a number of third parties networks & servers and could quite possibly be considerably delayed. Also the recipient has to actively retrieve their e-mail from their service providers or works mail server. The Uniform Laws on International Sales Act 1967 sets out that the acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror . But is the offer accepted in the country of the readers computer or where the email server is hosted? If a person picked up the contents of their phones answer machine in a country different to that which said machine was in, where was the contract made. Within closed networks or Electronic Data Interchange systems mail delivery is more reliable and it may be possible to tag the e-mails so they generate a receipt message upon reaching their destination and upon being read. The EDI Trading Partner Agreements will also outline when acceptance takes place and which countries laws apply. If Mr R had a website that could receive customer orders would it be an invitation to treat or an electronic contracting agent ? A non-interactive site just listing his wines would most certainly be classed as an advert. This question is under consideration by may of the worlds legal minds. Unfortunately the Argos £2.99 television and recent Kodak £100 digital camera incident never made it to court so there is no precedent. The Kodak site took the customers order and issued an order confirmation which the customer was asked to retain for warranty service. Consumers would believe that having placed their order and given their credit card details and been told that the £100 will be charged to their card along with receiving an acknowledgement ,that their purchase has been made. This "clickwrap contract" is what the law calls a "contract of adhesion" -- a contract you didn"t really bargain over in any way, but which was presented as more of a take-it-or-leave-it offer . Kodak made such a bad bargain that everyone wanted to take it The only case on web based retail sales so far is American where the court stated "such an automated, ministerial act cannot constitute an acceptance" which does little to resolve the issue. As international web based commerce increases, instances similar to Gough v. Granger will become more common. Will the concept of invitation to treat expand outside of legal systems based around Anglo-American common law bringing some consistency to the dynamics of offer & acceptance or will the EU idea of its an offer until the stock runs out be adopted.
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"The transmission of such a price-list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might find himself involved in any number of contractual obligations to supply wine of a particular description which he would be quite unable to carry out, his stock of wine of that description being necessarily limited. I entertain, I confess, a very clear opinion that the Solicitor-General was quite right in...
bad bargain that everyone wanted to take it

The only case on web based retail sales so far is American where the court stated "such an automated, ministerial act cannot constitute an acceptance" which does little to resolve the issue.

As international web based commerce increases, instances similar to Gough v. Granger will become more common. Will the concept of invitation to treat expand outside of legal systems based around Anglo-American common law bringing some consistency to the dynamics of offer & acceptance or will the EU idea of its an offer until the stock runs out be adopted.

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The constitutions of most of our...The constitutions of most of our States assert that all power is inherent in the people; it is their right and duty to be at all times armed. Thomas Jefferson, 1824 Should guns be banned in America? Should guns be banned? This is one of the widest asked questions. There are those who believe that gun's should be banned, as guns are the number one killer. All around the world, small arms stocks were destroyed in the hope to lower the amount of guns in the world. South Africa's destruction of 24 000 small arms today is part of worldwide small arms destructions "“ 6 000 illegal guns were destroyed in Cambodia, 1 700 in Mozambique, and 10 000 weapons were destroyed in Brazil. Through these destructions governments from around the world are showing their support for the regulation of the small arms trade "“ a trade that kills an estimated 500 000 people each year. Handguns and other firearms have a long tradition in American civilization. The right to bear arms is an American right featured in the second Amendment of the Constitution. In the 18th century, when the constitution was written, times were different; there was a need for armed citizens to insure the safety of the society as a whole. Contemporarily the police department preserves the safety of society and the need for armed citizens is out of date. The founding fathers of the Constitution could presumably never imagine the horrendous outcome of their actions. Every year too many lives are claimed as the result of the American government's inability to fully face up to effects of the issue. Compared to other western countries that have considerably stricter gun control laws America is still viewed as "The Wild-Wild West". The growing gun related death toll in the U.S. has to come to a turning point. Stripping away the constitutional right to bear arms might have the effect that only criminals will have access to guns. It is important to understand that in a society where both criminals and law abiding citizens have access to guns the likeliness of an innocent person getting shot, when both parties are waving guns, is probably greater than if only criminals have guns. A ban on firearms might not be appealing as a short-term solution but it is important that people don't limit their thinking to their generation and not think about the safety of their children, grandchildren and the society people are creating today for them to live in. The main obstacle in removing firearms from citizens in the U.S. is the second Amendment of the Constitution. It reads: "A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." The second Amendment can be interpreted as every citizen right to bear arms. However the key word is "Militia", meaning soldiers or defenders of the State. In the late 18th century, when the Constitution was written, times were very different than those of contemporary America. People were scared of possible invasions from Native Americans, the English, and other nationalities. By "a well regulated Militia"¦" the founding fathers probably meant that citizens could have a muscot standing in the corner just in case anything would happen. Note that the writers of the Constitution added, "A well regulated"¦" in front of the word Militia. That would most likely reveal a controversy in writing this Amendment, some of the founding fathers might have foreseen the possibility of a misinterpretation of this Amendment. In the U.S. there are approximately 200 million privately owned guns, which is statistically close to a gun per person and places more than one gun per home on average O'Donnell 771. In other words, guns are all around. This effects, without a doubt, the whole society structure and the citizens that live within its boundaries. The children that live within a gun infested society are going to suffer the consequences. In fact, kids between the ages 16 and 19 have the highest handgun victimization rate among all age groups. It's not hard to understand why, since there are on average more than one gun per household, kids are likely to find firearm and in some cases even use it. Here are a couple of incidents that occurred not so long ago. All are witness statements taken down by the police and are all in favor of the government to take action: "A shopkeeper who was shot dead in a robbery stepped in front of her killers to save her daughter, said her husband." "Thieves killed Marion Bates, 64, in front of her daughter Xanthe in an attack at their family jewelry store in Arnold, Nottingham, on Tuesday." "A man has died and another has been injured after a drive-by shooting in Hertfordshire." "Police say two men came under fire- most possibly from an automatic weapon- outside the Physical Limit Health and Fitness Club in Brewery road in Hoddesdon Gun Control in the United States of America is a topic that has had some criticism and support by many citizens. The critical people of this topic believe that the guns do not kill people; it is the people that kill people. The supporters of this topic believe that guns lead to violence and a feeling of power over others. They also believe that if guns were eliminated from the public, then violence and death would decrease heavily in this country. These two opposing views leave the federal government open to a decision on whether or not to abolish one of our Constitutional rights, or to keep allowing people the right to own a gun. The majority of crimes committed in the United States were accompanied by a weapon, which was usually a gun. The Johns Hopkins Center for Gun Policy and Research dedicates its service to prevent gun-related deaths and injuries. Studies have proven that in 1997 there were 32,436 gun related deaths which calculated out equals 88 deaths a day. A study by researchers from the University of Chicago, John Lott and David Mustard, showed that violent crime is reduced when citizens have a law that allows them to carry concealed weapons. In 1994 a crime bill was passed that included an assault weapons ban that outlawed the manufacturing and selling of semiautomatic weapons and prohibits the manufacturing of copies. The Johns Hopkins Center for Gun Policy and Research was established in 1995 and applies an approach to informing the public about guns. The Center attempts to educate the public about firearm injuries and new gun policies. The Center tries to prove that the safety of guns can be regulated as we would regulate the safety of other consumer goods. The Center looks into legal and public strategies to reduce the amounts of injuries and deaths due to the use of guns. The Center creates and evaluates policies to restrict the availability of weapons to high risk users. The faculty of the Center evaluates the effect of gun laws such as those banning the Saturday Night Specials, or permitting the carrying of a concealed weapon. The Center also conducts surveys to find out from the public what people think about gun laws and policies There is like all arguments, a reason why guns should not be banned. There are reasons which have to be accounted for such as the quote "Guns don't kill people, people kill people.". For almost as long as guns have been around gun control has been a major issue throughout the world. As we look back on the past we find that gun control, its is said that gun control doesn't really help reduce crime. Another down side of gun control is that if the government takes away the right to own weapons then they will start to think they can take other rights away. With every new anti gun law passed the crime rate in the United States escalates. For example if you look at the state of Texas or any other state where pro gun laws were recently passed, that allow non felon citizens to purchase and carry a handgun, you can see that crime rates have gone down in these states. It appears that if criminals feel threatened, because their victims may have a gun, they are less likely to attack people. This example shows how gun laws that restrict guns are ineffective because when a law that allows guns is passed crime rates don't go up but actually go down when more people have guns. "Gun laws fail because they do not address the issue. The issue is not possession of firearms, but misuse of firearms. We cannot expect criminals to abide by gun laws when they have already shown a disregard for law and order by their criminal activity. The only people ever affected by gun laws are peaceful, law abiding citizens, who never abuse their firearms right. Recent research is finding gun laws do not reduce the amount of violent crime in our society. Gun laws have succeeded only in disarming the law abiding and making the criminals' work environment safer I submit that our concern should be to make the environment for honest citizens, and this, gun laws have failed to do." Thomas Jefferson predicted these same results when he said, "Laws that forbid the Carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed one." If someone is a criminal they either don't really care about breaking the law or they don't plan on getting caught. It is absurd to pass laws that restrict law abiding citizens from owning weapons because it isn't the citizens, that are obeying the laws,that should be punished for the wrong doing of the criminals. A robber is not going to stop and think wow I better not hold up this store, with this gun, just because it is illegal. Robbing a store is illegal in the first place, but the robber is still going to rob the store, so what is the point of making guns illegal. The law shouldn't be on the gun it should be against the person using the gun. The gun itself did nothing wrong. If a robber robs a store the gun is not thinking or moving by itself so it can't be blamed for the crime.   

The constitutions of most of our States assert that all power is inherent in the people; it is their right and duty to be at all times armed. Thomas Jefferson, 1824 Should guns be banned in America? Should guns be banned? This is one of the widest asked questions. There...

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