The Code Of The Postal Rule

The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.

The offeror may specify the acceptance in a particular way, e.g. by postal. Unless offeree stated only the specify way of the acceptance will be allowed, other faster ways such as fax or email are also feasible. In Manchester Diocesan Council of Education v Commercial and General Investments Ltd.(1970) . Council claims that whether the letter of 15 September 1964, or 7th of January 1965, is the acceptance of the tender. The Investments Ltd disagree that the lapse of time between the tender submission and its acceptance (7 January) grounds the expired offer. The court held that the arranged way of acceptance was not the only possible one, provided the other method was no less advantageous to the offeror.

Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.

Moreover, as per Denning LJ, in Storer v Manchester City Council heard in the House of Lords, one does not look into the mind or intention of an individual to enter a contract, but in what “he said and did” which resulted into the formation of a contact. (Denning, LJ, 1974) Based on the Adams v Lindsell case, that was heard on June 5th 1818 in the Court of Kings Bench, one can conclude that a contract has been formed when the letter was posted by Albert. Furthermore, as per section 4 of the Sale of Goods Act 1979,a contract is “made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties” (parliament.uk, 1979)

The Office of the Inspector General (OIG) was established by § 2-56-010 of the Municipal Code of the City of Chicago. § 2-56-030(b) of the Municipal Code charges OIG with the duty and authority to investigate the performance of government officers, employees, functions and programs in order to detect and prevent misconduct, inefficiency and waste in the City government. Municipal Code, § 2-56-030(b). The Municipal Code mandates a duty to cooperate with OIG to every City officer, employee, department, agency, contractor, subcontractor and licensee of the city, and every applicant for certification of eligibility for a city contract or program. § 2-56-090. Those with a duty to cooperate must provide information to OIG upon its request. §

The Mailbox rule increases the risk for an inability to fulfill contracts. Based on the Common Law system, an offer cannot be withdrawn but can be revoked by the offeror. In the Restatement (second) of Contracts, § 42 “an offeree’s power of acceptance is terminated when the offeree receives from the offeror a manifestation of an intention not to enter into the proposed contract.” That means an offer would be void when revoked information reaches the offeree. And there is a gap between the revoked information is mailed and when it is received. Therefore, during this gap, if an acceptance was mailed, according to the Mailbox rule, a contract is created. Obviously, under this situation, the Mailbox rule could cause a party to be unable to fulfill a contract. More unfairly, this rule would even punish the offeror with good faith because the offeror has no ability to fulfill the contract, which causes them to violate the contract’s obligation.

We live during a time where the world is at our fingertips. We live in a world where an apple is not just a fruit and a chip is not just something that we eat with a sandwich. Sliced bread is not the most amazing thing any more. The Unites States Postal Service (USPS) is becoming less and less of a necessity with the changes of America's needs. In order to keep up with the 21st century, the USPS needs to be reconstructed in order to meet the needs of a changing world by being accessible through the internet, being advertised more to the younger generation, and being more secure from theft and destruction.

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

When applying for the United States Postal Service, I believe that there is great opportunity for growth and advancement over time. I am currently employed and have been with the same employer since 2004. With personality and loyalty to customers and employers, I honestly believe that working for the United States Postal Service would be a great opportunity for me. With room for change and growth I believe that I am a great candidate for many positions that the United States Postal Service has to offer. Change is what I am looking for, with a better opportunity for my future. I have experience with people, and have continued to grow in the customer service industry over the years. I believe that making someone’s experience positive wherever

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

Contracts are greatly used in today’s business world as a legal agreement. The modern law of contract is mainly a product of the industrial revolution and the social regulation of the 20th century. However, the foundations of all European contract law goes back to obligations in Ancient Greek and Roman law, while the official advancement of English law began after the Norman Conquest of 1066. The principle of contract has been so comprehensively transformed to meet the needs of modern times, the simple everyday use of its form is no longer the basis of any rights in private law. These contracts are regulated so much that the contracts do not have a place for personal matters. One of these, the promissory oath, is only being used as a part of ceremony such as entering upon a public office.

A Contract requires several elements in order to be considered enforceable. However for the purpose of this essay we would explore one of these elements in order to effectively understand the controversial cases of Williams v Roffey Brothers and Nicholls (contractors) Ltd (1990) and Stilk v Myrick (1804). Before going any further one should briefly understand the doctrine of Consideration. Despite the vast amount of content written, the doctrine of consideration is still to this day unclear due to the inconsistency of the courts and its application of necessary rules. Consideration refers to that which the law deems as valuable in that the promisor receives from the promise that which was promised. In other words, it is the exchange of something of value between the parties in a contract. One should be mindful that in English law, every promise may not be legally enforceable; it requires the court to distinguish between are enforceable and non-enforceable obligations. This brings us to the controversial cases of Stilk v Myrick and Williams v the Roffery brothers. Many argue that that the case of Williams was wrongly decided leading to impairments in the rule initially established in Stilk v Myrick. This essay seek to analyse and critique the cases of Stilk v Myrick and Williams v Roffey Brothers and also highlight whether or not the new rule of Practical benefit lead to serious impairments in later cases.

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)

The postal rule was developed to facilitate contracting at a distance. Initially, bargaining at a distance often posed a great challenge to bargaining parties especially through the postal services. This was mainly because via the mail parties could not know simultaneously whether they had reached an agreement. As a result a general rule indicating the time of an acceptance had to be established. Consequently the postal acceptance rule was developed .The postal rule function to create an exception to the general rule, which stipulates that an acceptance will only be effective upon receipt

ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is