We thought that may be appropriate because we were attracted to abolishing the postal acceptance rule thus, questions of dispatch would no longer have been relevant but, as we are not recommending abolition of the postal acceptance rule in this report, 133 it is essential to provide for both receipt and dispatch. No revocation is allowed 3 30 postal rule according to section 4(2)(b) of the contracts act 1950 (malaysia), acceptance by post takes effect when the offeree posts the letter and not when the letter reaches the offeror. The posting rule (or mailbox rule in the united states, also known as the postal rule or deposited acceptance rule) is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. However, the postal rule is an exception towards general rule for the acceptance the traditional postal rule stated that the acceptance is valid once it is posted rather than it reaches the knowledge of the offeror.
Published: thu, 04 may 2017 write an assignment on the 'rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. Communication of acceptance and the postal rule to be effective, acceptance must be communicated - a mental decision to accept is not sufficient the general rule is that an agreement is concluded when and where communication of acceptance is received - in relation to instantaneous modes of communication acceptance is deemed to be received when. For those of you who, like me, fondly remember their contract law lectures on the postal acceptance rule, it's time to update our notes the law has caught up with the digital age. Going postal: an examination of the postal rule and its modern-day relevance 18 problems with the postal acceptance model page 10.
Full case summaries and relevant legislation included 63 pages in length postal acceptance rule essay - part a: problem question part b: postal acceptance rule. V) acceptance through post ( postal rule ), section 4 (2) (a) acceptance through pos is complete when the letter of acceptance is posted, even thoughit has not come to the actual knowledge or received by the offeror. Postal rule of acceptance this paper examines the creation, development and application of postal rule of acceptance postal rules are exceptions of offer and acceptance rules defining some special problems in distant communication. The 'arguable' point when considering relevance of postal rule in 21 st century is that in view of courts, before the acceptance is made the offeror can call the offer off, but once the acceptance has even made this is no longer possible (macintyre, 2010: 84. You are requested to write an assignment on the 'rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice.
The postal rule in contract law 15 feb, 2013 | general this rule was first established in the case of the court of adams v lindsell ( 1 bthe court had to decide the exact moment of contract formation by postit was found that parties were not sure when acceptance was communicated by post. Video: the mailbox rule and contract law in contract law, this is known as the mailbox rule, or, offer or acceptance is valid once it is placed in the mailbox of course, there are several. In support of postal acceptance rule, the courts maintain that if the general rule relating to the acceptance of an offer is applied to the acceptance sent by post, then an offree will never truly be certain of the existence of a binding contract until the offeror communicated the fact of receipt of the letter of acceptance. Understanding the postal acceptance rule: as a doctrine in contract law, the postal acceptance rule states that if mail is a rational means of delivery for an.
Whether the postal rule is redundant in order for a contract to be established, it is important that an offer is made and the acceptance of the offer is communicated. The postal acceptance rule the rule of postal acceptance was established in the case titled adams v lindsell (1818) in which the court was required to make a. If the postal rule were applied, then acceptance would normally be effective as soon as it is received in the network e-mail acceptances e-mail is a digital means of communication by computers joined together in a network . Postal rule applies if the offeror intended (within the reasonable contemplation of the parties) the offer to be accepted by post or where postal acceptance reasonable if the postal rule doesn't apply then the general rule applies: that the agreement will become binding once the offeror gets notification of acceptance.
Check out our postal acceptance rule essay the postal acceptance rule maintains or rules that an acceptance becomes binding so that a contract is said to have been entered, perfected or effected once the acceptor places his acceptance in the mailbox as return mail to an offer which had been made in a manner reasonable enough. The postal rule of acceptance holwell securities v hughes eg holwell securities from business s 101 at university of exeter. Contract rules for the sale of goods article 2 also presents more specific rules regarding offer and acceptance, such as a rule regarding so-called firm. Section a (answer all questions in section a) 1 explain the postal rule in relation to acceptance of an offer (2 marks) 2 distinguish between a request for information and a counter offer.