| |ASSESSMENT : RESEARCH ESSAY | | | |Discuss whether the postal rule should continue to be applied, and the | |scope of communications methods(if any) that should be covered by the rule | | | |Alfred | |22 May, 2012
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
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
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.” The Mailbox rule is an exception to the general rule that a contract is created when acceptance is directly communicated to the offeror
Should the Postal Acceptance Rule extend to Modern Types of Communications such as E-mail? Joy B. Ganado I. INTRODUCTION Today, changes in the way commerce is undertaken relies very much on technology. From Internet sites advertising etc., to making agreements via email, technology forms the development of modern business operations. The stage at which technology advances is very challenging on today’s law and introduces much difficulty in the construction of an adequate
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form. One of the controversial issues in the law of contract formation has
is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer, made in the manner specified or indicated by the offeror” . Acceptance may be express orally, in writing, occasionally, or even by implied from the offeree’s conduct. In communication of acceptance, general rule claimed that acceptance ordinarily occurs at the time when, and the place where the offeror receives the acceptance .As a general rule, “what must be accepted is what
The Postal Acceptance Rule For the most part, contractual agreement has always been viewed in terms of offer and acceptance. Throughout time, the universal principle to contract law has been as follows; parties may get into an agreement however they deem fit and those parties are subject to the terms they deem fit. As far as legal requirements vital to their formation, there are binding contracts that may be formed. Moreover, a binding agreement may be manifested in terms of writing or in verbal
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
Introduction The very indispensable component for the foundation of a contract is an offer. Nonetheless, it happens quite often that the parties in the daily business activities do not desire their statement to be binding on them once the other party accepts their offer. That is to say, the parties intend to begin negotiations by making certain statements or declarations, which are not to be regarded as offer. That is an invitation to treat. According to Andrew Burrows, an invitation to treat is