Hi

Todays Webinar on Contract Law will start att 10 am.

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Welcome

Krister

5 Responses to “Mälardalen University, Introduction To Commercial Law, Webinar 3”

  1. Hi
    Link to movie from webinar is now on Course Home Page

    Best regards,
    Krister

  2. It was a very interesting webinar. However I have two questions;

    1. The real action agreement; can that for example be when parking as well? If you park somewhere you enter the contract as you’re entering an agreement? And also when using a candy-machine? Just so I know I understod correctly.

    2. About the promise principle; if the offeror sends a letter wouldn’t it be easier to prove when the offeree got the new information about the changes in the offer? But lets say the offeror sends new information via e-mail. How would one prove that this information was taken part of? As well as how do you know it is the owner of the e-mail account that has replied to the e-mail? I understand that this question is hard and it’s really hard to prove, but I was just wondering if you had ever heard about how someone went on to be able to handle these situations.

    Thank you!

    • Hi

      1) When you enter into any kind of contract by your physical action you get bound through ”Real Action” (realhandlande).
      When we talk about different types of agreements an we name the ”Real Action agreement” (Realavtal) then we mean agreements that will not be valid unless you have a real action of one of the partys, e.g. a gift will not be valid untill you hand over the gift.

      2) You always have the question of ”burdon of proof” that can make it difficult to get right in the court. Section 40 in the Contracts Act regulates the question of risk when a message don’t arrive in time or don’t arrive at all.

      Best regards,
      Krister

      • Hi,

        With regards to e-mail and ”burden of proof”. I guess it would be reasonable to assume that it is only the owner of the e-mail account that has access to the account. If you have a read receipt for the e-mail would that help with regards to ”burden of proof”?

        Best regards
        Susanne

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