Postal offer -

[markhuges]

Hello, Can someone help me to understand this,


For the Postal Rule : Adams v Lindsell (1818) - When a Letter as posted, this results in an acceptance, even if the letter arrives late in the post? Is this correct?

Well is that not fair? On the person, who loses out? E.g A Sells X and B sends letter to A to buy it but the letter gets delayed in the post by 5 days, in that time, A Sells to C?


Thank you

[des8]

Re: Postal offer -

The "postal rule" only applies where post is the agreed form of communication between the parties.

Put it in context of 1818 where post was possibly the only long distance method of communication.

Present times and it is most unlikely that either party would specify post. You would expect initial contact and confirmation by Email, text or phone if the parties were separated by some distance.

Your query needs to be put into a context.

[markhuges]

Re: Postal offer -

The "postal rule" only applies where post is the agreed form of communication between the parties.

Put it in context of 1818 where post was possibly the only long distance method of communication.

Present times and it is most unlikely that either party would specify post. You would expect initial contact and confirmation by Email, text or phone if the parties were separated by some distance.

Your query needs to be put into a context.

Ahh okay, Thank you

Could you explain in in this context

Would there be an offer and aceptance resulting in a contract for this example.

On 11 April, John offers to sell his £2000 machine to Bob.
Bob sends a letter to John on 12 April, accepting his offer, but the leter doesn’t arrive until 19 April.
On 18ths April John sells the machine to Louise for £1800.

Would the position be different if, on 12 April, assuming Bob had accepted by email?

(Is this right or wrong) What i think, is that - Bob can claim breach on contract right? since, according to the postal rule, his offer was accepted regardless of the letter being late.?
and the postion would not have been differenret , on "Would the position be different if, on 12 April, assuming Bob had accepted by email?"

Since both leads to a contract acceptance?

Thank you

[des8]

Re: Postal offer -

Afraid it's not going to be that simple (never is!)

First up the plaintiff needs to prove that John made an offer and not an invitation to treat.
So what was the wording of the offer, how was it made and was a postal response the agreed form of response?

The general rule is that the offerer must receive the acceptance before it is effective, except where it is agreed that the parties will use the post as a means of communication.

[CleverClogs]

Re: Postal offer -

When is the essay due? :nerd:

[markhuges]

Re: Postal offer -

When is the essay due? :nerd:

Haha,

Well, its due in late January but i want to get it down now, as i will have other deadlines later, I aint done Contract law, just self studied it and trying to work things out.