Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties rules of acceptance . General rule that acceptance takes place when letter of acceptance is posted by offeree justification for this is that the post office is the agent of the offeror, but this has been criticised in later cases. Postal rule definition: a rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror.
The general rule is the law of the state where acceptance was brought to the offeror's attention, except for situations where the postal rule applies then, since the contract is perfected wherever the acceptance is posted, it would be that law which would apply. The postal rule is an exception to the general rule, which dictates that acceptance is effective on receipt the rational behind the postal rule is that it encourages contracting by parties at a distance by making the person in the position of giving an acceptance just as secure as if the contract was being made face to face. Postal acceptance rule (mailbox rule): the postal acceptance rule or mailbox rule is a common law term for contracts that determines the formation of a contract in which the involved parties are communicating through the mail.
The postal rule states that where a letter is properly addressed and stamped the acceptance takes place when the letter is placed in the post box: adams v lindsell (1818) 106 er 250 case summary it is relatively easy for the parties to exclude the postal rule:. Postal rule of acceptance four main justifications of postal acceptance rule i ‘ad infinitum’ justification postal rule had existed almost for 200 years and the post had been creating problems for people which the courts are obliged to solve them logically. The postal rule is an exemption to the general rule that an acceptance must come up to to the attention of the offeror fundamentally, this rule can be defined as a rule of contract law that makes exclusion to the common rule and the principle acknowledged was that, a contract is formed the instant the acceptance letter is sent, relatively than . The postal rule holds that the offer is considered to be accepted and the contract formed as soon as the offeree puts his or her acceptance in the post the reason is that the post is (or was) considered more reliable in terms of regular delivery compared to the uncertainty of whether or not a recipient actually opened it.
The postal rule is an exception to the general rule that contract acceptance must be communicated directly to the offeror and acceptance is only effective when the offeror receives that acceptance the acceptance is actually effective as soon as the offeree mails the acceptance, according to cornell . I understanding the roles of offer and acceptance in the formation of a acceptance being lost the mailbox rule is often applied more liberally by courts today . Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties postal acceptance rule . The posting rule (or mailbox rule in the united states, also known as the postal rule or deposited acceptance rule) is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Re: contract: postal acceptance rule originally posted by baiku as i understand it, if the method of communication is not specified, the method of communication of acceptance must be a method equal to in speed or faster than the method used in negotiations for that contract.
The postal rule can be overturned where the offer stipulates that the acceptance must be received in a certain manner consideration it can be ascertained as the price or value parties agree on for a promise on offer. The postal rule applies to communications of acceptance by cable, including telegram, but not to instantaneous modes such as telephone, telex and fax the postal rule will not apply: (i) where the letter of acceptance has not been properly posted, as in re london and northern bank (1900), where the letter of acceptance was handed to a postman . Abstract this paper examines the creation, development and application of postal rule of acceptance postal rules are exceptions of offer . Postal rule definition: a rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror the postal rule is a concept of contract law that is commonly referred to as the mailbox rule. Understanding the postal acceptance rule: as a doctrine in contract law, the postal acceptance rule states that if mail is a rational means of delivery for an .
The postal rule applied, meaning that it was irrelevant that the letter of acceptance was lost in the post because a binding contract is formed once the letter was actually posted. When does an acceptance sent through the post become effective the answer to this question determines where and when the contract is formed, and allows to answer to three important questions : did the offeree miss the deadline proposed by the offeror to accept the offer is a revocation made by the . The postal rule says that acceptance takes effect the moment the letter of acceptance is thelegalarguments this blog is catered to intelligent legal arguments, prosecutions and studies of constitutions, governmental powers alike as well as complex cases.
Mailbox rule discussing development & application of mailbox rule i introduction in the common law system, “the mailbox rule is an alternate term for the postal rule when mailed, an acceptance of an offer to contract is valid from the moment it is deposited into a mailbox on dispatch”. Calling time on the postal acceptance rule one of the notable reforms proposed under the draft bill is the abolition of the postal acceptance rule – a common law rule that an acceptance sent by means of postal service takes effect when posted, rather than when it is delivered. Communication of acceptance and the postal rule to be effective, acceptance must be communicated - a mental decision to accept is not sufficient the general rule is that an agreement is concluded when and where communication of acceptance is received - in relation to instantaneous modes of communication acceptance is deemed to be received when . The postal acceptance rule was first established in the case of the court of adams v lindsell ( 1 b &ald, 681) when the court had to decide the moment of contract formation by post the court found that parties when.