• Discuss Whether the Postal Rule Should Continue to Be Applied, and the Scope of Communications Methods(If Any) That Should Be Covered by the Rule
    3. Case of the Postal Acceptance Rule 6 3.1 Application case of the Postal Acceptance Rule 6 3.2 Exclusion case of the Postal Acceptance Rule 6 4. Electronic Transactions Act 8 5. Conclusion 9 5.1 Rationale of the Postal Acceptance Rule 9 5.2 Effect of the Postal...
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  • Postal Rule Essay
    is legally bound. The case of Household Fire was one of the first cases to establish the applicability of the postal rule of acceptance.[3] For contracts that were formed through the use of the postal system as a means for correspondence, the judge stated that the "post office becomes the agent...
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  • As Time Goes By
    application of the postal rule. In this case, on receipt of an offer from Grant to take up an insurance policy, the company                                                          Treitel G.H., The Law of Contract, 10th ed., (Thomson sweet and Maxwell, 1999.) Online Compact Oxford English...
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  • Postal Rule
    intended recipient. II.a Evolution of the postal acceptance rule The history of the postal acceptance rule can be tracked back on the early 19th century on an English contract case of Adams v Lindsell. The case involved two parties in the sale of wool. On 2 September, the...
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  • Postal Rule
    acceptance rule throughout electronic communications such as email or fax. II What is the postal acceptance rule? It is the rule (stated by the High Court in a case in 1957 which is still good law) that a contractual offer may be accepted by post and will be deemed accepted at the time the letter is...
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  • 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 . This essay also will show weather the postal rule should or should...
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  • Postal Rule
    ? Traditional view of Postal Rule The communication by post may be leads a delay between the sending of an acceptance and reach the knowledge of the offeror. The postal rule origin in the case of Adam v Lindsell, the court held that to require a posted acceptance to arrive at its destination...
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  • Today's Postal Rule Application
    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...
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  • E-Mails – Instantaneous or Not
    the case of Entores v Miles Far East Corp[7], telex communications were considered by the court a being an exempt from the authority of the postal rule, despite the fact that a telex message involved sending a written message by one party to another through a third party, as was the case of the mail...
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  • Contracts Essay
    case in which it can be shown that the courts are becoming increasingly reluctant to apply the postal acceptance rule so stringently. Lawton LJ discusses the issues surrounding the question of acceptance and describes inconveniences which he states could be avoided by refusing to impose the postal...
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  • Pra Law
    which are covered by the rule. Cases such as Adams-v-Lindell and Holwell Securities Ltd-v- Hughes give a comprehensive understanding of the circumstances the rule operates in. Similarly, by analysing the comparison between the postal rule of acceptance and the statues in place for electronic...
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  • Contact Law
    offer in which acceptance must be completed and unqualified. Acceptance must be communicated to the offeror, which is called the “general rule”. In this case, SSL accepted the offer by sending a fax and writing a letter. Where acceptance is communicated by post, the “postal rule” applies. The postal...
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  • The Valid Contract
    have thought that actual communication would be regarded as essential to the conclusion of agreement on anything. Furthermore, one might doubt when the postal rule is applied, even though he or she had never received the notice of acceptance causes by the lost or never delivered. In the cases of...
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  • contract law
    5th of December as there was a postal strike but acceptance occurred straight away due to the postal rule. Holwell Securities V Hughes; in this case Dr Hughes granted Holwell Securities an option to purchase his house for £45,000. The option was to be exercisable 'by notice in writing' within 6...
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  • Contract Essay
    generally communicated when it is actually brought to the attention of the offeror. But this rule is not an absolute one and knows an exception which concerns acceptances sent through the post. The postal rule of acceptance has been introduced with the Adams v. Lindsell case (1818). It was held that...
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  • Jtaylor
    general rule is that the offeror is bound when he(or his agent for the purpose of receipt of acceptance) learns from the offeree of his acceptance. At that moment a contract springs into existence. What’s more we need to figure out if the postal rule applies to this case as the postal rule has not...
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  • Pacta Sunt Servanda
    upper lip catalyzed case law in the Postal Rule of acceptance in contract law. Contract law consist of an adjoined two party contemplated offer made by the offerer, which in turn is legally binding upon the acceptance by the offeree[10]. Far from the paragon, the postal rule stipulates that if the...
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  • Contract Law
    postal acceptance rules to email contracting. 2. The Justifications of the Postal Acceptance Rule The postal acceptance rule was first established in the case of the court of Adams v Lindsell ([1818] 1 B &Ald, 681) when the court had to decide the moment of contract formation by post. The court found...
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  • Push It
    postal acceptance rule”. In the year 1892 British Case, Henthorn v Fraser the court summarise this, in a situation where such that within the examination of the parties, the post might be used as a methods of communicating the acceptance of an offer and the acceptance is completed once it is posted. For...
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  • Business Law
    must have been within the contemplation of the parties that…the post be used as a method of communicating the acceptance of the offer, the acceptance is complete as soon as it is posted.” Willmott et al (2001:65) traces the history of the postal rule to the case of Adams v Lindsell [1818] 106 ER 250...
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