According to the postal rule, “when acceptance is communicated by post, the contract is formed as soon as the letter is sent, without need for it ever to reach the offeror.” This essay will focus on whether the postal rule is “redundant” in modern contract law. In order to do so, there will be a discussion on why it should or should not be applied in modern communication technology.
The postal rule of acceptance is a traditional contract law principle deeply entrenched in the English legal system. However, as contracting is now increasingly taking place through modern methods of written communication, its applicability has not been fully determined by courts. This essay will therefore discuss whether the postal acceptance rule should apply to websites, instant messaging.The purpose of this research essay is to explain the detail of postal rule. The brief definition of postal rule is a rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror (Duhaime. org n. d). The postal rule was established in the case of Adams v Lindsell.Contract Law- Email and postal rule. Contract and Tort Practice Essays (LLB law year 1) OvergrownMoose.
The postal acceptance rule, also called the mailbox rule, is a contract law regarding the mailing of acceptance or offer letters through the postal system. The postal acceptance rule states that a contract is made when a person mails a letter from the person's mailbox or a general mailing centre.
Contractual agreement has traditionally been analysed in terms of offer and acceptance.One party, the offeror, makes an offer which once accepted by another party, the offeree, creates a binding contract.Key concepts that you need to familiarise yourself with in relation to offer and acceptance include the distinction between an offer and an invitation to treat - you need to be able to.
From Contract Law For Dummies. By Scott J. Burnham. To be successful in contract law, you need to know the rules and be able to analyze fact situations in the light of those rules. This Cheat Sheet introduces some of the most important concepts in contract law — such as contract formation, promises enforceable because of reliance and restitution, the statute of frauds, the parol evidence.
The postal rule states that where a letter is properly addressed and stamped the acceptance takes place when the letter is placed in the post box: Adams v Lindsell (1818) 106 ER 250 Case summary. It is relatively easy for the parties to exclude the postal rule: Holwell Securities v Hughes (1974) 1 WLR 155 Case summary. 2. The terms of the acceptance must exactly match the terms of the offer.
Contract law is an integral part of the business environment. Contract law dissertation topics discuss the myriad elements of the discipline, ranging from small to big businesses as well as relevant and trending issues specific to current transnational contexts.
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Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations. First, we will examine the first part of what.
With reference to the above scenario, critically discuss the importance of instant and electronic communications in contract law and how this may affect the “postal rule”, if at all. Answer: There are generally four elements required to form a contract; offer and acceptance, certainty, an intention to create legal relations and.
Most scottish texts appear to say that the postal rule DOES apply to email as it is not an instentaneous method of communication as delays or non-delivery can occur. However, other texts argue that email is an instantenous method and therefore the postal rule does not apply, meaning that an acceptance sent vie email is valid as soon as it it available to be read (ie in the recepients inbox).
The rule means that when a contract is accepted by post, sending the letter creates the contract. The post office receiving the letter forms the contract, rather than you receiving their acceptance. This is an exception to a major principle that covers other contracts that you engage in; that acceptance actually has to be communicated. Critically, this only applies to post, and not other forms.
But what constitutes a “reasonable” acceptance will vary according to the contract. Some offers may only be accepted by the performance or non-performance of a particular act. Once formed, these types of agreements are called unilateral contracts, and they are discussed more fully later in this essay. Other offers may only be accepted by a return promise of performance from the offeree.
Poole: Contract Law Self-test questions and answers. Test yourself by downloading the questions first; then download the sample answers. Questions. Agreement and certainty (PDF, Size: 16KB) Agreement problems (PDF, Size: 14KB) Enforceability of promises - Intention to create legal relations, consideration, promissory estoppel and duress (PDF, Size: 17KB) Terms and breach of contract (PDF, Size.
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