Commercial Law: Can an order be cancelled if a mail has not been retrieved?

Running head: COMMERCIAL LAW
Commercial Law
Name of the Student
Name of the University
Author Note

COMMERCIAL LAW1
Issue
Whether the order placed by Bibek can be cancelled. Whether the order placed can be
cancelled when a mail has been received by Bibek from the electronics shop, but has not been
retrieved.
Rule
As per the provisions contained in s 8 of the Electronic Transactions Act 1999 (Cth), a
transaction would not be rendered to be invalid only because of its institution being effected by
the application of the method of electronic communication.
As per the provisions contained in s 14 of the Electronic Transactions Act 1999 (Cth), the
electronic communication would be said to have been dispatched when the communication has
left the system of information which rendered it to go beyond the control of originated that is the
party who sent it. In case a communication has failed to leave the system being in the control of
originator, the time for dispatch will be the time when the person to whom the communication
has been sent has received the same.
As per the provisions contained in s 14A of the Electronic Transactions Act 1999 (Cth),
the time as to when the receipt of a electronic communication is said to have been effected is the
point of time when the communication has becomes retrievable by the person to whom it has
been sent.
According to the law of contract, a valid contract creating rights in obligations for the
parties involved can be created by initiating a proposal which has when accepted. The revocation
of an offer is required to be made prior to the acceptance of the same. Once the offer has been