Should The Postal Rule Of Acceptance?

Issues of this case: Could the offer acceptance by e-mail be capable of creating contractual relationships? Was there a breach of contract? The matter of the case is regulated by Contract Law.

i. Virtually instantaneous  general rule should apply (ie. contract is formed when the offeree’s acceptance is received by the offeror; per Lord Wilberforce in Brinkibon)4;

The following section will be giving a definition of the offer and acceptance rule and discuss whether there is a legal binding contract. The next segment will be regarding the types of expressed & implied terms, its features that were developed by statutes and common law. The essay will then explore whether the contract between Jimmy and Tina Electronics Ltd obtains valid incorporated terms, which will be then supported by several resources. Afterwards, the essay will be illustrating different methods of dispute resolutions and the result that each method would bring about if Jimmy would consider one of these methods. This continues then with the conclusion evoking the main arguments.

6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement?

1. Jerry sent a letter containing an offer to sell his mountain bike to Bill for $300.  This letter was sent on Oct. 1 and it was received on Oct. 4.  On Oct. 5 Bill sent a letter to Jerry accepting the offer.  But then Bill changed his mind; on Oct 6 Bill sent a message by personal messenger to Jerry, rejecting Jerry’s offer.  The messenger delivered the rejection and it was received by Jerry on Oct. 7.  The letter containing Bill’s acceptance was received on Oct. 8.  Based on the above, has a contract been formed for the sale of the mountain bike?

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

Although Amy did not accept the offer from Dr Hu to purchase her medical equipment in the prescribed form of post, her acceptance is still valid. It was suggested that ‘where the offeror has prescribed a particular method of acceptance, but not in terms insisting that only acceptance in that mode shall be binding, that acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract’ . Therefore suggesting that even though Amy did not respond via post as was asked by Dr Hu, the wording in Dr Hu’s email said that ‘you can respond’, can meaning that it was not specified as the only means of accepting the offer, and that other means of acceptance would be seen to form a binding agreement between the two parties. As Amy’s email was in no way less advantageous to Dr Hu it can be seen as a valid acceptance of the offer that was put to Amy. Amy sent her email of acceptance to the email that she received the email from, which conforms with Section 13A(a) of the Electronic Transactions Act 2000 (NSW) which states ‘the time of receipt of the electronic communication is the time when the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee’

The faultlessness of an offer suggestion, its execution, and winning refined through exchanges. Among various talks, it is critical to making a sensible pick and strategy to win the contract and to reveal

computer system as a third-party intermediary” i.e. escrow. (Alice Corp v. CLS Bank, 13-298 S. Ct. 2

Because of the nature of door-to-door sales, this paper will assume that Takem’s sales team caries small appliances on hand and larger appliance require a second delivery date. The assignment states “Tommy tends to charge about 10-20 % more than most other retail outlets.” It must be assumed that this compares with business in similar geographical settings, that all other costs, such as wages and rent, are comparable, and the 10-20% applies to all services not expressly stated, such as delivery charges. Furthermore, although aggressive in their sales technique, nothing refutes the idea that the contracts are understandable to the layperson. Sally’s statement that “she paid enough” for the computer implies she made at least half of the payment prior to defaulting.

The contract between the Hyatts and comp edge was a shrink wrap agreement. The company conspicuously notified consumers of the terms included in the agreement in the ox. The company emphasized on the ox that the purchasers had thirty days to return the computer and rescind their contract. Y opening the ox and failing to return the computer within the 30 days the Hyatts would likely be held to have assented to the

This question requires analyzing the problem scenario from the perspectives of contract law paying attention to the rules relating to invitation to treat, offers, and counter offers. The scenario involved three distinct cases which should be dealt with separately in applying the following rule of contract law. In spite of its wording the advert on the website does not constitute a legal offer, it is merely an invitation to treat because Abigail put up an advertisement that stated the movie memorabilia on offer for 6,000 pounds or near. As such it is not an offer to sell but merely an invitation to others to make offers.

The fact Bob has made his initial offer through post; making it reasonable for Sam to rely on postage to deliver his acceptance.

The issues arise in Andrew’s case are related to concepts of offer and acceptance and promissory estoppel. If a strict adherence to the rules on offer and acceptance is adopted, it is necessary to determine when the contract was formed.

One of the controversial issues in the law of contract formation has always been the issue of distance contracts. Matters regarding to the types of rules that should be used to govern this type of contracts have always been a topic of debate. One of these rules includes the age old Postal acceptance rule also known