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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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This question can be easily answered...This question can be easily answered with a resounding "no". No gun background check, weapon ban, or gun buyback will ever prevent weapons from getting into the hands of criminals. Even with the hundreds if not thousands of gun laws already on the books, gun crime is still prevalent in our society. Why? Simple, all you have to do is look at our lax laws regarding punishment for criminals. Prison should be hard work, not sitting in a cell working out and eating well. Criminals should be forced to work for their food and board. If we continue to allow criminals to sit back, relax, and wait for probation, whom are we really protecting? Legally owned guns account for two percent 2% of all gun crimes. This should show you as it shows me that gun laws can only prevent two-percent of all gun crimes in the first place. Is a two-percent decrease worth the loss of our freedoms? This tells me that instead of trying to create new laws, we should try and enforce the hundreds if not thousands we already have. This also leads to what I would like to focus on- pointless gun laws. As I pointed out earlier, we already have too many gun laws and to try and add more restrictions will not reduce crime. Take the following proposal to the House Committee of Ways and Means. Military Sniper Weapon Regulation Act of 1999 Military Sniper Weapon Regulation Act of 1999 Introduced in the House HR 2127 IH 106th CONGRESS 1st Session H. R. 2127 To amend the Internal Revenue Code of 1986 to regulate certain 50 caliber sniper weapons in the same manner as machine guns and other firearms. IN THE HOUSE OF REPRESENTATIVES June 10, 1999 Mr. BLAGOJEVICH for himself, Mr. WAXMAN, and Ms. NORTON introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to regulate certain 50 caliber sniper weapons in the same manner as machine guns and other firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Military Sniper Weapon Regulation Act of 1999". SEC. 2. FINDINGS. The Congress finds that-- 1 certain firearms originally designed and built for use as long-range 50 caliber military sniper weapons are increasingly sold in the domestic civilian market; What relevance does this have to anything? Almost all military gear and equipment is available to civilians. De-milled Cobra Attack Helicopters have been purchased and are currently in use by civilians. In the last ten years we have sold our F-16 Falcon fighters to Israel, licensed the F-15 Eagle to Mitsubishi for manufacture in Japan, and gave our Abrams main battle tank to Britain. This tells me that liberals think we can trust other countries, but not our own people. Maybe because "our people" is all of the illegal immigrants that should be kicked out but stay as long as they vote liberal. 2 the intended use of these long-range firearms, and an increasing number of models derived directly from them, is the taking of human life and the destruction of materiel, including armored vehicles and such components of the national critical infrastructure as radars and microwave transmission devices; First off, there is no record anywhere of anyone committing a crime with a 50-caliber rifle. Why? The reasons are endless! First, the cheapest 50-caliber rifle available is the AR-50. This "cheap" weapon rings in at $3,300. The most popular 50-caliber rifle, the Barret M-82A1, costs $7,300! Which criminal is going to spend this much to rob a liquor store or a bank? Second 50-caliber weapons are big. They weigh a lot and kick harder then a 10-gauge shotgun. The only effective way to fire them is from the prone laying on your stomach. Third, to fire a weapon with this kind of kick in an accurate manner, you must be well trained. Not many criminals would deal with 50-calibers when they'd have better luck pulling off their robbery with a butter knife. According to these liberals on Ways and Means, the 50-caliber can be used to take out armored vehicles. Do they consider Humvees to be armored? The only armored vehicle a 50-caliber could penetrate is a lightly armored limousine. Now I see what they mean by national security. They consider themselves to be national security. A 50-caliber BMG rifle cannot penetrate U.S. military armored vehicles. A Bradley Infantry Fighting Vehicle has two inches of armor. Yet, even that s enough to stop projectiles up to 30mm, including Light Rockets. The Abrams Main Battle Tank has fourteen inches of armor. That will stop everything except 100mm+ SABOT rounds. I won't even talk about the stupidity of shooting at microwaves and radar dishes but wouldn't a sledge hammer work just as well if not better? Besides who would shoot at radar towers- Middle Eastern terrorists? 3 these firearms are neither designed nor used in any significant number for legitimate sporting or hunting purposes and are clearly distinguishable from rifles intended for sporting and hunting use; Wrong"¦there are multiple 50-caliber shooting clubs and 50-caliber rifles are not clearly distinguishable from rifles intended for sporting or hunting use. If they are designed for killing people as these liberals state. What does that mean the Remington 700 was designed for? That is the hunting rifle that the Army M-24 Sniper Rifle and the Marines M-40 Sniper rifle are based on. 4 extraordinarily destructive ammunition for these weapons, including armor-piercing and armor-piercing incendiary ammunition, is freely sold in interstate commerce; and Armour piercing ammo is available for all types of weapons including pistols. It is usually not meant for piercing armor such as tanks due to the fact that tanks armor is too thick. It is meant for piercing body armor. Armor piercing means that the point of the round is sharp and hard. Modern body armor such as KM2 with rifle and stab plates would stop Armor Piercing AP rounds as well as normal rounds. Normal police forces still use level II Kevlar without stab plates. This is called soft body armor. 5 the virtually unrestricted availability of these firearms and ammunition, given the uses intended in their design and manufacture, present a serious and substantial threat to the national security. The use intended of any weapon depends on who's using it. While a Marine Corp or Army sniper may use it for killing the enemy and protecting national security, I may use it for sport and the badass bark that the rifle screams when you squeeze the trigger. SEC. 3. COVERAGE OF 50 CALIBER SNIPER WEAPONS UNDER NATIONAL FIREARMS ACT. a IN GENERAL- Subsection a of section 5845 of the Internal Revenue Code of 1986 defining firearm is amended by striking `6 a machine gun; 7 any silencer as defined in section 921 of title 18, United States Code; and 8 a destructive device." and inserting `6 a 50 caliber sniper weapon; 7 a machine gun; 8 any silencer as defined in section 921 of title 18, United States Code; and 9 a destructive device." b 50 CALIBER SNIPER WEAPON- 1 IN GENERAL- Section 5845 of such Code is amended by redesignating subsections d through m as subsections e through n, respectively, and by inserting after subsection c the following new subsection: `d 50 CALIBER SNIPER WEAPON- The term `50 caliber sniper weapon" means a rifle capable of firing a center-fire cartridge in 50 caliber, .50 BMG caliber, any other variant of 50 caliber, or any metric equivalent of such calibers." 2 MODIFICATION TO DEFINITION OF RIFLE- Subsection c of section 5845 of such Code is amended by inserting `or from a bipod or other support" after `shoulder". c EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act. In conclusion, it must be pointed out that gun control doesn't work. We have more gun laws now than ever before yet our crime rate is at an all time high. Instead of trying to control weapons, safety and respect for weapons should be taught. Why should everyone lose their rights and privileges because a select few abuse them?   

This question can be easily answered with a resounding "no". No gun background check, weapon ban, or gun buyback will ever prevent weapons from getting into the hands of criminals. Even with the hundreds if not thousands of gun laws already on the books, gun crime is still prevalent in...

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Ignorance, pride, hatred and a disregard...Ignorance, pride, hatred and a disregard for the wellbeing of others in society. These are the seeds allowing the roots of activities promoting racial discrimination to sprout. Out of that, comes the growth of a fearful social epidemic, in which uneducated persons put their destructive thoughts and viewpoints into action. These criminal activities have been dubbed "Hate Crimes" and have plagues society as far back as one can remember. Hate Crimes, in varying degrees, can consist of something as minute as a derogatory comment, to something as serious as an act of murder. The common thread is that the offence was committed because of the victim's ethnicity or race. Hate Crimes violate the human rights of society, and rob minorities of the dignity and respect they deserve. Everyone is entitled to live free from discrimination and harassment. However, this entitlement is infringed upon when Hate Crimes are committed. Mandel, 11 The Canadian Charter of Rights and Freedoms is a controversial approach to protecting the rights of citizens. Section 2 outlines the fundamental rights and freedoms of all peoples in society, in an attempt to ensure the protection of all civil liberties. However, in many cases, these freedoms can act as loopholes, clearing offenders of the hate crimes they continue to commit, posing a threat to the livelihood of minority communities in Canada. Dickinson,146 2. Everyone has the following fundamental freedoms: a freedom of conscience and religion; b freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c freedom of peaceful assembly; and d freedom of association. The freedoms, as stated above serve as a controversial 'gray area', in which Section 2 of the Charter can be manipulated and 'bent' to serve as both offence and defense in the judicial reasoning of crimes based on racial prejudice. Freedom of Association and Freedom of Assembly are two closely related rights. Both liberties, provided by Section 2 of the Charter, "protect the freedom of individuals to join together to form a union" and the right to gather together for the purpose of lobbying peacefully, in the hopes of reaching a common goal Coombs, 27. In British Columbia's past, Nazi Fundamentalist groups have attempted to gather publicly and demonstrate against ethnic integration, and spout their views on how the White Aryan race is superior to all other minorities. Much of this activity is not tolerated by authorities because "the good of the many outweighs the good of the few" Martin, 39. Allowing such open promotion of hatred, infringes on every individual in society's right to be free from discrimination and harassment. This behavior creates an environment oppressed with inequality, injustice and ignorance- not conducive to racial harmony in a multi-cultural society Coombs, 17. Freedom of conscience and religion gives ethnic and religious minorities, such as the Jewish peoples, the right to practice their beliefs- and customs associated with their values. Many "Jewish persons have been excluded from clubs and universities", based on their race and religion Dickinson, 93. The rights of Jews and other religious and racial minorities have been infringed upon throughout history. Hate Crimes have persecuted followers of religious and faith groups such as the Jews and Christians, worldwide. Holocaust deniers continue to live in the belief that there is a widespread Jewish conspiracy, and that the Jews were never oppressed. In British Columbia, Nazi fundamentalist views are rampant Martin, 78. This legislation in the Charter is an attempt to prevent discriminatory conduct on the basis of one's race and religion, contributing to a societal environment that is conducive to religious growth and freedom Roland, 2. Hate Crime Offenders take advantage of the Charter providing "the right to declare religious beliefs openly"¦without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination" Dickinson, 142. Various groups that preach hatred, such as White Supremacists, claim that their 'religion' a specific denomination of Christianity deems that they, being superior to all minorities, should therefore act as a dominating force in society. Every individual is entitled to their personal belief system. However, beliefs and values rooted deeply in ignorance, selfish pride, and hate, will only contribute to racist attitudes and the oppression of the minorities and disadvantaged groups in Canada. The freedom to have conscience and religious belief is "subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." Roland , 146. Prejudice beliefs, laced with hatred, create a society where people feel bound by the shackles of manipulation and domination. "It is discriminatory practice for a person or group of persons acting in concert to communicate, or to cause to be communicated, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that the person or those persons are identifiable on the basis of a prohibited ground of discrimination" Coombs, 86. The fundamental right to freedom of expression has been a source of controversy since the establishment of the Charter, in 1972. It has been said that liberty in thought and communication is "little less vital to a man's mind and spirit than breathing is to his physical existence" Justice Rand of the Ontario courts, 1957. There are few areas which produce as much disagreement as limitations on freedom of speech and, by extension, limitations on the freedom to be exposed to the ideas of others. Some would argue that although certain forms of expression are disagreeable, the risks involved in eroding this right are so great that there should be virtually no limit on it. Lobby groups, such as Canadians for decency, advocate the protection of Canadians from media promoting an undesirable stereotype of a particular group Mandel, 94. The opposing arguments against censorship states that "insofar as material does not constitute libel, fraud, incitement, mischief, perjury, or otherwise endanger fair trials and legal hearings, it cannot be censored, however disgusting or offensive or otherwise injurious it may be" Coombs, 88. A blatant example is the case of Ernst Zundel, a holocaust denier. Although he willfully published statements he knew to be false, causing injury or mischief to a specific religious group, he has not been convicted of promoting hatred in North America Dickinson, 171. On the Internet, for instance, he continues to share his discriminatory convictions with the public. In conclusion, the four fundamental freedoms of the Charter are cause for a great 'gray area' in the rights of Canadian citizens and the limits imposed on them. Section 1 of the Charter is the most explicit in defining the limits of the Charter Mandel, 4: "The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as may be demonstrably justified in a free and democratic society." Although this section guarantees the rights and freedoms contained in the Charter, it also states that they are not absolute, but are subject to reasonable limits. In other words, governments may restrict rights if they can show there are compelling reasons for doing so, which can be justified in a free and democratic society Coombs, 81. This provision serves two vital purposes. On the one hand, it is a guarantee that our rights won't be restricted unless it can be shown to be clearly justified. On the other hand, it ensures that defensible objectives of society will receive careful consideration. Society is granted the right to be free of discrimination and harassment Coombs, 82. It is these two objectives that are used both ways, to defend and oppose activities dealing with the harboring and promotion of hate-provoking discrimination, on one or more of the prohibited grounds, against an identifiable group.   

Ignorance, pride, hatred and a disregard for the wellbeing of others in society. These are the seeds allowing the roots of activities promoting racial discrimination to sprout. Out of that, comes the growth of a fearful social epidemic, in which uneducated persons put their destructive thoughts and viewpoints into action....

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