The main issue in this case is where all the elements of a valid contract are fulfilled between Derrick and Samantha, considering that their communication was through the email. Does the email communication between Samantha and Derrick amount to an invitation to treat?
A contract includes the basic elements of intention, agreement, consideration, capacity, certainty, and legality. In entering a contract, an offer or invitation to treat is given and the other party accepts. An offer is made to a specific person while and invitation to treat is made to the public. The contract will be validated if all these elements are met and there is evidence of communication to that effect as required in Sale of Goods Act 1896, (Qld).Most important, any communication must show that there is an invitation to treat, in the sense that an offer must be made and response given to the offer. The channel of communication notwithstanding, the most important element is to show all the elements of contracts. According to s24(1) of the Electronic Transaction Act 2001(legislation), if addressee has designated an information system to receive electronic communication, the information is received once it enters into the information system.