Contract law does the postal rule apply to email - - research paper (undergraduate) - law - civil / private / trade / anti trust law / business law - publish your bachelor's or master's. In the modern world, technology had improved, the advance technology had led to a convenience life, and people can easily receive and send out a message and even a contract the purpose of. The postal rule is a concept of contract law that is commonly referred to as the mailbox rule it was formed at a time when contracting parties did much of their bargaining from a distance. Communication of acceptance and the postal rule to be effective, acceptance must be communicated - a mental decision to accept is not sufficient the general rule is that an agreement is. Postal rule applies and is accepted where it is decided that the parties to the contract will use the post as a means of communication and in such occasion the postal rule will apply postal.
The “postal rule”, commonly known as the “mailbox rule” is a principle of contract law this rule is different from the others, though, as it forms an exception to the general principles of. Legal definition for postal rule: contract law rule which makes an exception to the rule that acceptance can only occur when the offeree directly communicates with the offeror see mailbox. However, the postal rule is an exception towards general rule for the acceptance the traditional postal rule stated that the acceptance is valid once it is posted rather than it reaches the.
The postal rule is a historical ruling, which came about in a time where the main and quickest form of business communication was by post through the decades other forms of communication.
Adams v lindsell (1818) 1 b & ald 681, is an english contract case regarded as the first case towards the establishment of the postal rule for acceptance of an offer ordinarily, any form. Abstract this paper examines the creation, development and application of postal rule of acceptance postal rules are exceptions of offer.
The purpose of this brief is to examine and evaluate the effectiveness and relevance of the postal rule in the modern context of contract law. The posting rule (or mailbox rule in the united states, also known as the postal rule or deposited acceptance rule) is an exception to the general rule of contract law in common law. The postal rule was established in the case of adams v lindsell this essay also will show weather the postal rule should or should not be continue, and the rules and method to determine. At present, no academic or judge has conceived of a more effective and efficient rule than the current postal rule: it is no better or worse than any other solution in short, the postal.
If postal rule does not apply: acceptance only effective on communication (receipt of the letter) retraction is the acceptor able to retract the acceptance before it comes to the attention. A contract is an agreement enforceable by law and also legally binding between the parties an offer, according to section 2(a) of the contracts act 1950, is an act signifying the. A customer's guide to mailing january 2018 introduction available from larger post offices or on postal explorer at peuspscom welcome to the us postal service for more than 240.
The legal definition of 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. Under the postal rule, where acceptance by post has been requested, or where it is an appropriate and reasonable means of communication between the parties, then the acceptance is deemed. The postal rule states that where a letter is properly addressed and stamped the acceptance takes place when the letter is placed in the post box: adams v lindsell (1818) 106 er 250 case.