Re: application for an employment

["Craig Wright" <cwright () bdosyd com au>]

Hello,
First to look at the legality of contracts made with the public. Ansgar
believes that you can not have a contract with the public;

> Bullshit. Sorry, but there's no other word for this. You can't have
> a "contractual agreement" with the public. Who of "the public" do
> you think agreed to it?

There is a very distinguished case that all (Common Law) Law students
doing contracts learn. Carbolic Smoke Ball (even Wikipedia has this
case).
[Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 ]

I suggest that you read it. Carbolic Smoke Ball Company (Hereafter CSBC)
argued as has been done on the list that it is not possible to treat nor
hold an enforceable contract on the basis. The court held that a
"unilateral contract" was created between CSBC and anyone who satisfied
the terms of the offer (as listed in the ad).

This has evolved into the law of unilateral offers (which is a part of
the law of obligations). There is no requirement for a contract to be in
writing. In fact most people mix the idea of a contract and deed. A Deed
is required to be made in writing etc. A contract is an enforceable
promise made of:
1   Offer
2   Acceptance of the offer
3   Consideration, where consideration does not need to be adequate but
only of some value (including a benefit etc).

Where the "Statute of Frauds" is in place in a jurisdiction, there may
be a requirement for certain types of contract to be formed in writing -
eg land registration. This does not make contracts in general invalid as
they are not in writing.

Acceptance may be perceived by action. Australian Woollen Mills Pty Ltd
v. The Commonwealth (1954), the High Court of Australia set conditions
for a unilateral contract.

> The fact that there is no law prohibiting an action does make it legal.

Sorry, but this is wrong. There are numerous cases of illegal acts
without code or statute. Criminal is a separate matter. Many civil
actions do not have defined law per se.

> > This means that the act is not to be treated as criminal. This does
> > not make the act unactionable as a civil violation or and
> > administrative offence. This is that it is still illegal, but only
> > actionable if there is resultant damage.

> So you finally agree that the cybercrime convention does not apply to
> the matter we were discussing. Thank you so much. Why did you bring it
> into the discussion anyway?

No, I do not agree this nor have I stated this. I have stated the entire
time that the action (port scanning without authorisation) is illegal
but unactionable without damage. These are not the same things.

Regards
Craig


Liability limited by a scheme approved under Professional Standards Legislation in respect of matters arising within 
those States and Territories of Australia where such legislation exists.

DISCLAIMER
The information contained in this email and any attachments is confidential. If you are not the intended recipient, you 
must not use or disclose the information. If you have received this email in error, please inform us promptly by reply 
email or by telephoning +61 2 9286 5555. Please delete the email and destroy any printed copy. 

Any views expressed in this message are those of the individual sender. You may not rely on this message as advice 
unless it has been electronically signed by a Partner of BDO or it is subsequently confirmed by letter or fax signed by 
a Partner of BDO.

BDO accepts no liability for any damage caused by this email or its attachments due to viruses, interference, 
interception, corruption or unauthorised access.

---------------------------------------------------------------------------
EARN A MASTER OF SCIENCE IN INFORMATION ASSURANCE - ONLINE
The Norwich University program offers unparalleled Infosec management
education and the case study affords you unmatched consulting experience.
Tailor your education to your own professional goals with degree
customizations including Emergency Management, Business Continuity Planning,
Computer Emergency Response Teams, and Digital Investigations.

http://www.msia.norwich.edu/secfocus
---------------------------------------------------------------------------