Introduction: Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business. In order to a contract come into being between parties, the offer is made by the offeror and the oferee accept that offer. In 21st century, there are rapid changes in business trend which create lots of new business model such as e-business and global business. The more business participates, the more requirements of Offer and Acceptance Rules to
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 primary thrust or core of the mailbox rule is that the acceptance of an offer is sent before the revocation of the specific offer is received. In a scenario where the communication is sent rejecting the offer while a later communication is also sent in acceptance of the
The law of contract requires a firm offer and acceptance to be in place and acceptance of an offer by post is referred to as the postal rule. This rule was created in 1818 and is a non instantaneous method of communication. The postal rule will be examined alongside offer and acceptance and the effectiveness of the postal rule today will be analysed. Other methods of communication such as email and faxes will also be explored. Relevant cases will be provided as evidence for any points made. A conclusion
only the offer be accepted, but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face, this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common case, the rule is subject
During the (Monsoon Semester) 2014 The Postal Rule ___________________________________________________________________ INTRODUCTION The topic of my project is with reference to contracts made in respect to the postal rule. As the facts are, the two parties mentioned have used post as means of communication of offer and acceptance. However, the means of revoking the acceptance used is an instantaneous mode of communication. I have applied the postal rule and various case laws which were relevant
Abstract. This research paper investigates the case of The Postal Acceptance Rule in modern communication technologies, focused to electronic mail. In order to achieve a pragmatic result, author presupposes that electronic mail is not a traditional communication method for contract partners, however it can be considered a transformation of postal mail to digital world. Introduction It is difficult to imagine the modern world without contracts. They are combination of intention, agreement and
contract. The “first come, first served” basis is a condition of the offer and Cory has prescribed a certain mode of acceptance through email or fax. It has been debated whether email and fax acceptance can be considered as instantaneous communication, or whether the postal rule of acceptance can apply to these methods. As a result of this, different approaches can be taken to decide whether it was Dan or Eve who had completed their acceptance first and who should be provided with the computer. As it can
other people). In the case silence means no communication of the acceptance by the offeree to the offeror in the circumstances that the offeror states that no need to reply for the acceptance. The case sets a rule that silence to an offer cannot generally be considered as acceptance. McKendrick states in his book, Contract Law: text, cases and materials ‘the general rule is that silence does not amount to an acceptance’ and the rule is a good one’ , he analyzes it further ‘the law would be burdensome
a voice message, Sam received on Monday Bob does not wish to take and pay for the goods ADVISE in relation to Offer and Acceptance
Counts: 1500 The Applicability of Postal Acceptance Rule in Hong Kong’s Context DU Manji, 53671036 1.The Introduction Especially for the past decades, not only in the legal profession but also across the commercial spectrum, a constant debate as to whether the Postal Acceptance Rule (hereinafter referred to as ‘the Rule’) should be sustained or discarded has never been so profound in Hong Kong. To this end, the paper is intended to argue for maintenance of the Rule for reassurance of less uncertainty