The Postal Acceptance Rule Essay example

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. The mailbox rule provides that the contract is formed when the letter of acceptance is placed in the mailbox. This rule was established by the case of Adams v. Lindsell (1818) B& Ald 68. In this case, Judge Law said that if that were

Accordingly, the Legal Department sets out below a general background and practice of Postal Acceptance Rule (PAR) and its application to the business world at present in Australia. We enclose with the modification of PAR in response to ongoing changes in transaction acts and technology nowadays. Regarding Conditional Acceptance, the case of Master v Cameron will be utilized as an example and set as background for recommendations for our business.

One characteristic of the mail box rule is indicating what form(s) of acceptance will be accepted. For example, a telephone call will be used as a form of acceptance.

Since the USPS executives have displaced and inimical attitude toward due process of law and justice, Property owner Ralph Timberlake submits this complaint of mail fraud against the USPS. His complaint stems from the unlawful renunciation of mail delivery to his property’s address, 2117 Atkins Drive, Huntsville, Alabama 35810, without producing the lawful reasons and appeal rights and procedures. Surely, none other than the unscrupulous USPS officials would imprudently decree the illicit return to its senders, mail addressed 2117 Atkins Drive, Huntsville, Alabama 35810. Because USPS officials are surreptitious and furtively returning property owner Ralph Timberlake’s mail to its senders, his letters of complaint have not received the due

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 contract, then the first communication to be received by the offeror will succeed ("Mailbox Rule", n.d.). Since this rule originated several years or decades ago, many people say that it should no longer be applied today because the reliability of the postal system is declining and the increased use of electronic means to send letters.

The purpose of this essay is to provide an explanation of the postal rule while dealing with acceptance of an offer, as well as evaluating how effective the postal rule is today. The main body of this essay will look at what the postal rule while dealing with acceptance of an offer is, as well as the circumstances surrounding the creation of the postal rule. There will also be an evaluation of the effectiveness of the postal rule today. This will be summarised with a conclusion.

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.

The terms written in the statement above are considered to be unnecessary, or more precisely irrelevant. This essay will discuss how these words, instead, are important as contractual terms through explanations, definitions and examples. A contract is an agreement made by two different parties made through a promise granted by the law. A contract can be of two types or better, of two forms. The first one is the formal written contract also named specialty contract. The second one is the simple contract which is informal and is not written but made with any means (written or oral). When a contract is made there is an agreement that is

The focus of the postal acceptance rule is on the existence of the risk and not its occurrence rate, however e-mail will not take long to attain the level of a near perfect transmission rate such that the courts will have to recognise this fact. It is the exception rather than the rule that email will be delayed, but it still

In this situation, Cory is offering his computer as part of a unilateral 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.

Postal rule states that where it applies, acceptance takes place as soon as the letter is posted, not when the offeror receives it. It is an important exception to the rule that acceptance is not valid until it is communicated to the offeror. Consequently the offeror might

⑴if acceptance by post was contemplated by the parties, acceptance occurs when the letter is posted, not when it is actually received (Adams v Lindsell). ⑵Revocation of the offer by letter– to be effective must be received by the offeree before they post their letter of acceptance (Byrne v Van Tienhoven).

Before looking at if the intention to create legal relations should be used to replace consideration, it is important to look at how these doctrines fit into the essential elements in a contract. Their use will then be discussed, together with the doctrine of promissory estoppel. In evaluating these principles reference will be made to case law, judicial comment and of leading contract academics work. Finally, thought will be given to the future of consideration, and if it is still necessary today, when so many other countries have adopted alternative approaches to ensuring that contracts are binding.

Contract law is a fundamental concept of relational contract theory, contracts play an important role in business and has always been an important topic for discussion in sociology, economy, commercial studies, and other sciences, though the term “contract” can have various meanings, it is most often used to denote methods of conducting exchanges, it implies planning the bargain with careful forecasting of its potential consequences and also the use of legal sanctions to ensure the success of the exchange or compensate for its failure. However, contract should not be equaled to the exchange procedure itself. It also should not be applied exclusively to written agreements and documents that accompany the transaction.

2This article describes one of the best elements of contract called consideration and on what extent consideration is valid or not. Thousands of years ago people use barter system to exchange goods and services to meet their needs without any special law than invention of currency make it easy to exchange goods, eventually the law makes it valid and more reliable. There are six elements in which the parties are generally bound to do something in future such as Offer and Acceptance, consideration, intention, invitation to treat, Legal capacity. Consideration appeared in 1916 and become one of the basic and essential elements for the development of contract. Consideration is nothing but an enforceable agreement where a promissory promise to exchange or to do something in future and promisee accept to perform such act in return and the parties intend to bind through agreement. The question arises that whether the consideration is legally valid or not under some conditions. Consideration could be small or long, good or bad. Earlier nominal consideration was adequate in contract. It does not matter that the consideration having the same values or same benefit. The courts uses sufficient consideration while setting the disputes or making the decision. Where there is money, payment and exchange of goods is involved, consideration considered to be more valuable. Contracts are frequently exercise commercially such as construction, purchase and sale of property, monetary assistance,