general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation‚ Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of the offeror. This principal also applies to others modes of communications which are (a) Instantaneous means of communication‚ (b) Postal rule and (c) Others mode of communication. However‚ the postal rule is an exception towards general rule for the acceptance. The traditional postal rule stated
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THE POSTAL ACCEPTANCE RULE DANE GARBETT* CONTENTS I | Introduction | 1 | II | What Is The Postal Rule | 2 | III | Justification of the Postal Rule | 2 | IV | Application of the Postal Rule | 4 | V | Conclusion | 6 | VI | Bibliography | 7 | I Introduction The decision of distance contracts has been one of the major issues that arise within contract law. In which questions had risen in regards to the application of the postal rule and whether it should continue. A strong debate
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The rule was established by Anthony in the 19th century cases‚ starting with Adams v Lindsell (1818) B & Ald 681‚ which was later confirmed in Dunlop v Higgins (1848) 1 HL Cas 381‚ Household Fire Insurance Company v Grant (1879) 4 Ex D 216 and Henthorn v Fraser [1892] 2 Ch 27. The posting rule applies only to acceptance. Other contractual letters (such as one revoking the offer) do not take effect until the letter is delivered‚ as in Stevenson‚ Jacques & Co v McLean (1880) 5 QBD 346. The implication
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justifications of Postal Acceptance Rule i. ‘Ad infinitum’ Justification Postal rule had existed almost for 200 years and the post had been creating problems for people which the courts are obliged to solve them logically. Why it had been creating so many problems for people and that we will be discussing later on. For now let’s look at the four main justifications for postal rule of acceptance. It came from Treitel and he believes that the four main justifications are for the creation of postal rule. First
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negotiating at a distance by post‚ telephone‚ telegram‚ telex‚ fax or messenger the principle obviously has important applications. (Dudgale‚ 1992) However in the case of postal acceptance‚ perhaps numerically the most common case‚ the rule is subject to an exception (Dudgale‚ 1992). It was decided in Adams v Lindsell (1818) that a postal acceptance was effective as soon as it was posted even if the letter is delayed‚ destroyed or lost in the post and it never reaches the offeror. On 2nd September‚ the
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Table of Contents: Page Number Outcome-1………………………………………………………………….3 Outcome-2………………………………………………………………….5 Outcome-3………………………………………………………………….6 Outcome-4………………………………………………………………….8 Bibliography………………………………………………………………...10 Outcome 1: Before describing Bill and James legal position according to their activities‚ the formation of a contract has given below in Figure 1: [pic] By the formation of contract‚ the legal position of Bill
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as everything can be found on social media‚ or online news platforms. Indeed‚ technology changes our understanding of the way things work and changes how we interact with one another. However‚ at the same time it has adversely affected the traditional social institutions. Industries like the newspapers‚ the Postal Service and even the local libraries depend upon
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men and women everywhere most likely own at least one piece of technology; whether it is a cellular phone or a computer‚ technology helps people accomplish what they need to. Doctors’ require a large amount of technology everyday in order to run tests. In order for people to communicate‚ there are e-mail and cell phones. Movies and television are forms of entertainment‚ which also need some sort of technology. Some people think technology is speeding our lives and making it more stressful‚ but technological
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somebody who is authorised by the offeree. Operation of Postal Rule When contracting parties are bargaining at a distance‚ typically via mail‚ problem may arise because the parties could not know at the same time whether they had formed a contract. Therefore‚ a general rule indicating the time of an effective acceptance was established. The postal rule was created for convenience and certainty. It is an exception to the general rule. As established in Adams v Lindsell (1818)‚ where acceptance
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__________________________________________________________________________________________ EFFECTS OF MODERN TRENDS TO THE STUDENT LIFE IN MANUEL I. SANTOS MEMORIAL NATIONAL HIGH SCHOOL ___________________________________________________________________________________ In Partial fulfillment Of the requirements for the degree BACHELOR OF SCIENCE IN PSYCHOLOGY ___________________________________________________________________________________ BY: Glenford Fiecas Joshua Ron Javier Keth
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