Postal Rule Assignment

2258 Words10 Pages
Contract law Assignment B) Postal Rule A) Outline the salient elements of the postal rule and determine, with reference to case law and academic commentary, whether this rule has much practical use or effect today. The definition of the postal rule is that accecptance of an offer takes place as soon as a person posts a letter to the offere to state that they have accecpted the offer. This only applies in cases where the offer has been accecpted in writing and is posted in letter fourm to a person. A more simple definition would be that is that the 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”1 The postal rule was devloped in the…show more content…
If the offere wants to withdraw their offer by post it is outlined that the withdrawl of an offer only applies when the letter arrives and is in the possession of the withdrawl letter. This came to light in the case of Byrn & Co v Leon van Tienhoven & Co6, in this case it involved the defendents writing to the plantiffs and offering to sell them 1000 boxes of tinplates. The following week however the defendents wrote another letter withdrawing their offer, but in the mean time the plantiffs had already written and posted their accecptance of the offer. So as already outling in Adams v Linsdill7 the offer had been accecpted at the time of postage. For this reason it ws found that the plantiff had a contract for the tinplates. This new element of the postal rule that was devloped in thus case seems to be a slight contridiction and cnfuses the rule because for a offer to be accecpted it is at the time of postage and for a withdrawl of an offer is the time it is…show more content…
In certain senarios the postal rule may not applie in certain ares when the contract is made. A contract is made as already established in Adams v Linsdill when an letter is posted or a telegraph is sent. The case of Sanderson v Cunningham10 illustrates this well ihe plantiff sent a purposal for an insurance policy through a Dublin broker. It constutded as an ffer by the propective insured. The defendent company then decided to to issue a poilicy and it was posted to the plantiffs agent. On reciving the the policy and reading it the plantiff singed the contract. The plantiff wished to sue the defendents in ireland but they could only do so if the contract was concluded in ireland. The court held in this case that the contract was accecpted in england, because the accecptancace of a contract under the postal rule means it is accecpted once it is posted not
Show More
Related

  • Contract Law Case Study

    1641 Words  | 7 Pages

    offeror asking the offeree to do or not do something. There needs to be an acceptance of this offer by the offeree. The four main elements to establish a contract, offer, acceptance, consideration, and intention to create legal relations. In this assignment, I will discuss the key elements that are needed to create

    Read More

  • The Impact Of Globalization On The Business Economy

    9750 Words  | 39 Pages

    Assignment front sheet Learner name Assessor name BINOY BALARAM ANU ANTONY Date issued Completion date Submitted on Qualification Unit number and title BTEC LEVEL 7 EDSML UNIT 9: MANAGING CORPORATE RESPONSIBILITY IN THE WIDER BUSINESS ENVIRONMENT Assignment title In this assessment you will have opportunities to provide evidence against the following criteria. Indicate the page numbers where the evidence can be found. Criteria reference To achieve the criteria the evidence must show

    Read More

More about Postal Rule Assignment

Open Document