Mailbox Rule

-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.

There are a great deal of changes that the USPS systems needs to make. For one, they need to stop bombarding their customers with junk mail. According to (SOURCE E), 44 percent of marketing mail isn’t opened. Nineteen states have opted to pass bills that would allow people to opt out

All mail should be sorted and checked as soon as it arrives, incoming mail can be opened by reception staff, mail should be checked dated and distributed to the relevant staff in the organisation, mail that is marked private and confidential should not be opened by reception staff only dated with the date stamp.

The United States Postal Service has existed for more than two centuries. As the people have grown into the new world of digital technology and electronic communication, the USPS continues to become more of a disservice to the American people. The USPS has still used the same rules and principles for more than two centuries, which does not intrigue any more customers. The USPS needs to be reconstructed in order to fit the needs of a changing world. As the world grows and develops into higher levels of thinking and technological advances, the USPS should grow with them, changing to become more useful to American people.

0 E-mail contracts are generally treated similarly to contracts negotiated by other means due to the E-Sign law.

However, the following are the vital steps contained in each contract. Also, without them the contract would not be considered valid. First, an offer entails a statement by one party who is willing to make a contract under certain conditions keeping in mind that it shall be accepted. Second, acceptance gives a picture of the agreement to the terms offered. According to Rogers (2012), acceptance is considered valid when, (1) it is made by an individual to whom the offer was directed, (2) it is unequivocal, and (3) it is communicated to the offeror. Third, consideration encompasses the terms of the contracts between the parties. Therefore,

Analysis: This situation should belong to Offer and Acceptance Section. An offer is not valid until it is received by the offered, and the offeror is not limited by the offer until such time as it is accepted according to Communication of an Offer. So in this case, Bishop received the letter on May 3rd, before May 3rd, it is not bounded. On may 22nd, Bishop wrote to this company and accepted this offer. According to Acceptance of an Offer, the acceptance must take the form if certain words or acts in accordance with the offer that will indicate to the offeror that the offeree has accepted the offer. In addition, the acceptance of the offer takes place when the letter of acceptance, properly addressed and the postage paid, is placed in the postbox or post office. So for Bishop (defendant), it obeys the rules of an offer and acceptance. For Armstrong Aggregates Company (plaintiff), they cannot change their offer by increasing the offer because Bishop had already accepted the offer and sent to this company on May 22nd. Meanwhile, the company did not communicate with Bishop about change the price. Therefore, this action is not valid and this company should still accept this offer at $180.

The United States Postal Service’s (USPS) officials are neglecting their obligations established in Article One, Section Eight of the American Constitution, and established in the promulgated statute and tenor of the Private Express Statute.

P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION

The USPS has not implemented many aspects of change and they have not dealt with the technological change well. Ever since Email and text messages became the man way to communicate and send information, the USPS took a major hit with profits. Instead of having this work against them the government needed to makes changes within their own systems. Certain companies have contacts with UPS and FedEx when it comes to shipping. The USPS is not allowed to enter into any type of contract which is why, when the internet and online shopping became big these companies jumped on it. The USPS just stayed back and didn’t try to implement any changes. They need to research how they could incorporate technology into their business structure and make needed

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

declining due to e-diversion  Advertising mail is subject to more substitution options  Mail volume highly sensitive to economic changes  Mail mix changes – lost profit contributions These trends will continue to put pressure on USPS’s ability to provide affordable universal service

As stated in the Gould Commercial Code Section 2-207 subsection 1, “A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to

In BROGDEN v METROPOLITAN RAIL CO it was held the railway company had accepted by placing orders since the amendment of the document, and in TRENTHAM LTD v ARCHITAL LUXFER the court used the 'reasonable man' to identify whether or not there has been acceptance. Both cases seemed to have reasonable outcomes; therefore the courts had been provided with satisfactory rules to help them reach a appropriate verdict. There are various different rules regarding acceptance. There must be a communication of acceptance from the offeree to the offeror. The case of YATES BUILDING v PULLEYN deals whether there had been a prescribed acceptance or not. It was held that there was no practical difference to the offeror therefore the acceptance method was binding. However in the case of ENTORES LTD v MILES FAR EAST CORPORATION there was no prescribed acceptance, yet it was held that the contract was formed in England as that was there acceptance had been received by telex. Other rules that can be used to decide whether there has been acceptance include a waiver of communication of acceptance; silence, which isn't a valid acceptance; ignorance, generally there isn't a binding contract; and acceptance via post using the postal rule. The postal rule can often be misused, as it states that a contract has been formed as

The postal rule better understood when described using a functional example. For instance an offeror sends an offer to a second party known as the offeree via post office. According to the rule of engagement the offeror can decide to revoke or cancel the offer any time before acceptance. This in turn gives the initiator of the deal an upper hand on the bargaining table. This means that the offeree is at a greater loss since once he /she receives the offere he does not know whether the offer still stands or the offeror had already revoked it. Moreover he/she doesn’t know when he is contractually bond since he cannot establish the exact time of receipt of his acceptance.