LW2903 Individual Assignment
Tsang Ching Hung
53081466
LW2903 S05
Human Resources Management
Charu SHARMA
ASSIGNMENT QUESTION
Semester B, 2013/2014
On Monday, 13 January 2014, Ada wrote to Ben saying, “Please sell me your vintage BNW car for $80,000”. On Tuesday, 14 January 2014, Ben replied by leaving a message on Ada’s voicemail, “Sure, provided you pay by cash”. Ben then changed his mind and he posted a letter to Ada which read, “I have reconsidered the matter. I am no longer able to sell you my BNW”. This letter arrived on Thursday, 16 January 2014, before Ada checked her voicemail.
1) Advise Ada and Ben.
There is no contract between Ada and Ben. This is because initially Ben leaves a message on Ada’s voicemail to accept the offer. However, Ben changes his mind and posts the letter to Ada on the same day, but the letter arrived before Ada checked her voicemail. Although the voicemail was sent earlier than the letter, acceptance can only be made with actual communication and notification to the offeror. Besides, according to the postal rule, the acceptance is deemed to be competed when the properly stamped and addressed letter of acceptance is posted, and not when it is delivered to the offerors’ address, or received by them, or brought to their notice, or read by them.1 This rule, laid down in Adam v. Lindsell in 1818. It explained that if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it.2 In this case, the contract be only be made unless Ada checks her voicemail before the letter arrived. Therefore, Ada does not have any legal claim against Ben.
2) What difference, if any, would it make if:
a) Ben’s letter had never arrived;
There is no contract between Ada and Ben if Ada never checks her voicemail. This is because the postal rule does not apply to situations where the
53081466
LW2903 S05
Human Resources Management
Charu SHARMA
ASSIGNMENT QUESTION
Semester B, 2013/2014
On Monday, 13 January 2014, Ada wrote to Ben saying, “Please sell me your vintage BNW car for $80,000”. On Tuesday, 14 January 2014, Ben replied by leaving a message on Ada’s voicemail, “Sure, provided you pay by cash”. Ben then changed his mind and he posted a letter to Ada which read, “I have reconsidered the matter. I am no longer able to sell you my BNW”. This letter arrived on Thursday, 16 January 2014, before Ada checked her voicemail.
1) Advise Ada and Ben.
There is no contract between Ada and Ben. This is because initially Ben leaves a message on Ada’s voicemail to accept the offer. However, Ben changes his mind and posts the letter to Ada on the same day, but the letter arrived before Ada checked her voicemail. Although the voicemail was sent earlier than the letter, acceptance can only be made with actual communication and notification to the offeror. Besides, according to the postal rule, the acceptance is deemed to be competed when the properly stamped and addressed letter of acceptance is posted, and not when it is delivered to the offerors’ address, or received by them, or brought to their notice, or read by them.1 This rule, laid down in Adam v. Lindsell in 1818. It explained that if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it.2 In this case, the contract be only be made unless Ada checks her voicemail before the letter arrived. Therefore, Ada does not have any legal claim against Ben.
2) What difference, if any, would it make if:
a) Ben’s letter had never arrived;
There is no contract between Ada and Ben if Ada never checks her voicemail. This is because the postal rule does not apply to situations where the