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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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 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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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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The Department of Posts‚ trading as India Post‚ is a government-operated postal system in India; it is generally referred to within India as "the post office". As of 31 March 2011‚ the Indian Postal Service had 1‚54‚866 post offices‚ of which 1‚39‚040 (89.78 percent) were in rural areas and 15‚826 (10.22 percent) in urban areas. It had 25‚464 departmental POs and 1‚29‚402 ED BPOs. At the time of independence‚ there were 23‚344 post offices‚ primarily in urban areas. The network has registered a
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Indian Postal Service The Department of Posts functioning under the brand name India Post ‚ is a government operated postal system in India; it is generally referred to within India as "the post office". The Indian Postal Service‚ with 155‚333 post offices‚ is the most widely distributed post office system in the world. The large numbers are a result of a long tradition of many disparate postal systems which were unified in the Indian Union post-Independence. Owing to this far-flung reach and
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Questions 1 & 2. 3. Read "Wegmans Food Markets" (pg. 33-36) and submit written responses to Questions 1-3. 4. Read Chapter 2 (pg. 40-63) 5. Read "Home-Style Cookies" (pg. 67-69) and submit written responses to Questions 1-7. 6. Read "The U.S. Postal Service" (pg. 70-71) and submit written responses to Questions 1-7. Pg. 14 1) The loss of manufacturing jobs in the United States is extremely important. As this article states‚ when manufacturing jobs are lost so are service jobs. For every
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