Postal rule

What is the postal rule?
When acceptance is made by letter. Acceptance takes place at the time the letter is posted
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What happens if the letter of acceptance is sent to the wrong place at the fault of the offeree?
There is no contract e.g. Adams and Lindell [1818]
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What are the reasons for the postal rule?
1. Post office is the common agent. 2. Offeror can opt out of the postal rule, if he doesn't, it is reasonable to impose the risk of mis-delivery on him. 3. Offeree couldn't act safely if the acceptance takes affect when acceptance letter is received
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What is the receipt rule?
a general principle of the civilian law jurisprudences
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Does the postal rule apply to instantaneous communication such as phone, fax and email?
No
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When won't the postal rule apply?
If it is unreasonable to accept the offer by post e.g. Henthorn v Fraser. Or if the misdirection is due to the offeree's fault.
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Can the offeree withdraw the posted letter of acceptance?
Logically, there has been a contract as soon as the letter was posted
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Other cards in this set

Card 2

Front

What happens if the letter of acceptance is sent to the wrong place at the fault of the offeree?

Back

There is no contract e.g. Adams and Lindell [1818]

Card 3

Front

What are the reasons for the postal rule?

Back

Preview of the front of card 3

Card 4

Front

What is the receipt rule?

Back

Preview of the front of card 4

Card 5

Front

Does the postal rule apply to instantaneous communication such as phone, fax and email?

Back

Preview of the front of card 5
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Comments

Jeckybocky

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These notes are very important since lots of people don't know who all postal services work. You know, not everyone even pays attention to filling forms, forget about zip codes or misspell it. Although, it's easy to check it here https://worldpostalcode.com/united-states/colorado/denver on Denver example.

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