The Applicability Of Postal Acceptance Rule

1350 Words Oct 9th, 2016 6 Pages
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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 in business activities. Thus it is divided into two parts, which include relevant historical background and theoretical and practical justifications before a decent conclusion marks the very end.
2.The Background
(1) The Trailblazing Case that Created the Rule: Adams v Lindsell
The landmark case was concerned with sales of wool between Adams & others, the plaintiffs and Lindsell & others, the defendants. The moot point of this adjudication largely rested on whether the plaintiffs had made an effective mail acceptance notwithstanding notification of acceptance being misdirected as an unintended consequence of harsh weather. The plaintiffs contended that the contract should be binding on both parties at the exact moment of posting whilst the defendants argued that not until the offer was received as confirmed did the contract bind the parties concerned, in conjunction with a revocation of offer indicated by resale of goods before receipt of offer. The court eventually…

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