The display of a standard form agreement on an interactive website via a machine is most likely to be an offer because it is an expression of a willingness to be bound to a clear statement of terms, capable of unilateral acceptance and without further negotiation. The postal rule is an exception to the general rule - an acceptance must come to the attention of the offeror basically, this rule can be defined as a rule of contract of law that makes an exception to the general rule and the principle stated was that, a contract is formed as soon as the letter of acceptance is posted, rather than when they. 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 countries that acceptance of an offer takes place when communicated. With reference to the above scenario, critically discuss the importance of instant and electronic communications in contract law and how this may affect the postal rule, if at all answer: there are generally four elements required to form a contract offer and acceptance, certainty, an intention to create legal relations and consideration.
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 we will write a custom essay sample on any topic specifically. In support of postal acceptance rule, the courts maintain that if the general rule relating to the acceptance of an offer is applied to the acceptance sent by post, then an offree will never truly be certain of the existence of a binding contract until the offeror communicated the fact of receipt of the letter of acceptance. Essay-type questions 1 offer and acceptance 1 discuss the continued application of the postal rule in today's commercial environment, with particular reference as to why new technologies such as email should be considered an instantaneous means of communication when determining whether acceptance has been effectively communicated.
The postal rule is an exception to the general rule, which dictates that acceptance is effective on receipt the rational behind the postal rule is that it encourages contracting by parties at a distance by making the person in the position of giving an acceptance just as secure as if the contract was being made face to face. 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 thesis, dissertation, term paper or essay. The postal rule of acceptance of an offer became entrenched in the common law of contract in the english courts and therefore in the australian courts during the nineteenth century the postal rule continues to apply today. Dispatch, called the postal acceptance rule (the par), is regarded as the exception this paper asks the question: should acceptances communicated by electronic means be governed by the principle or by.
Postal acceptance rule essaysmodern technology has created a new electronic world without borders with modern computer technology, communication devices, and interactive networks like the internet which can link up everyone in any part of the world, globalization and international trade have never. Postal rule definition: 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. We provide excellent essay writing service 24/7 enjoy proficient essay writing and custom writing services provided by professional academic writers. Finally, i'll break down two of these published college essay examples and explain why and how they work with links to 125 full essays and essay excerpts , this article will be a great resource for learning how to craft your own personal college admissions essay. The postal rule doesn't apply when the letter hasn't been posted properly isn't addressed correctly where terms exclude post as a method of acceptance and where it is unreasonable to use the postal method.
Read this essay on revocation of acceptance come browse our large digital warehouse of free sample essays rules of offer and acceptance in a contract offer and. Postal rule definition: 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 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. For this purpose, its uses the offer and acceptance principle as its basis, paying close regard to one of its key and oft-discussed doctrines: the postal rule the offer and acceptance principle one of the most fundamental concepts of the law of contract is that of offer and acceptance. 5 steps for using college admissions essays to address weaknesses addressing a delicate issue in an admissions essay can be a blemish on your admissions package does not automatically rule.
Whether the postal rule is redundant in order for a contract to be established, it is important that an offer is made and the acceptance of the offer is communicated to the offeror however, this is not necessarily the case under the postal rule. Postal acceptance rule dates back in 1818 when it was established in a court case of (adam v lindsell) in this case the code had to reach a verdict on the moment of contract formation by post apparently the courts found out that the parties communicating acceptance through post office were never certain at the exact time the acceptance had. The postal rule is an exemption to the general rule that an acceptance must come up to to the attention of the offeror fundamentally, this rule can be defined as a rule of contract law that makes exclusion to the common rule and the principle acknowledged was that, a contract is formed the instant the acceptance letter is sent, relatively than. The postal acceptance rule the rule of postal acceptance was established in the case titled adams v lindsell (1818) in which the court was required to make a decision regarding the exact moment when a contract is formed through post.