Clear wording is required if the method of communication is to be mandatory. Also read:Best lawyers in Nigeria: Leading legal practitioners in NigeriaSee the 7 Pillars of democracy. The rule in Adams v Lindsell [1818] 1B & A 681 is also called the postal acceptance rule. The 'postal rule' in Adams v Lindsell has since been confirmed in Household Fire and Carriage Accident Insurance Co v Grant (1879) 4 EX D 216 where the defendant applied for some shares in a company. Alaska Packers Ass’n v. Domenico However, Adams v Lindsell will not normally apply where acceptance is made by post in response to an offer made by telex, email or telephone. It would seem that even with more modern technologies there is still proof of posting does not guarantee that there has been acceptance. As a result, it arrived two days after the deadline. Casebriefs is concerned with your security, please complete the following, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, I Agree to the End-User License Agreement. 16 students ordered this very topic and got original papers. address. The plaintiff sent a written acceptance by ordinary post but this was never received by the defendant. The letter of offer was incorrectly addressed and it didn’t reach the plaintiff until the evening of 5th September. It states that where acceptance is by post, it is completed and effective the moment the letter is posted. We can create an original paper just for you! Synopsis of Rule of Law. Because Defendants, in their offer, notified the Plaintiffs of their terms, that they would await acceptance in the course of post, they were bound by the terms of their offer until it was accepted or until the terms of the offer had expired. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. More importantly it weakens the doctrine of consensus at idem (meeting of minds) for a contract to take place as well as the mirror theory that there must be a definite offer mirrored by a definite acceptance. Coupled with that, I am going to show you the various exceptions to the rule. One further reason for the existence of the rule in Adams v Lindsell is that the Post Office can be considered to be the common agent of both parties, and therefore communication to this agent immediately completes the contract. Brackenbury v. Hodgkin Armendariz v. Foundation Health Psychcare Services, Inc. videos, thousands of real exam questions, and much more. Bscholarly is an education and legal blog that is focused on disseminating Legal tips/news, Court judgments, Case Summaries, Admission News and school tips for scholars all over the world. These are the exceptions to the rule in Adams v Lindsell (Also known as the the Postal rule). Synopsis of Rule of Law. Because of this, on 8 September the defendants had sold the wool to a third person. However, be careful to note what the terms of the offer are. A further theory for the existence of the postal rule as adopted in Adams v Lindsell is that if the offeror, either expressly or impliedly, indicates that postal acceptance is sufficient then they should bear the consequences of the postal rule, as the defendant did in Adams v Lindsell. The court held that, on the basis of the rule in Adams v Lindsell, he was liable to pay for the shares because, the moment the company posted their letter pf acceptance, it was effective and therefore contract came into existence. This article examines whether the postal acceptance rule will be applied to acceptances communicated by e-mail. Secondly, acceptance takes effect on posting even where it never reaches the offeror or only does so after delay. You have successfully signed up to receive the Casebriefs newsletter. Facts. Facts. On the 2nd of September 1817 the defendant wrote to the plaintiff offering to sell some wool and requiring an “answer in the course of post”. Letters communicating revocation come into effect only when the letter revoking the offer is delivered. address. Where is it absolutely unreasonable, this rule will not be applied. The letter was delayed in the post. Yet at other times postal acceptance may be reasonable. The Operation Of, and Justifications For, the Postal Rule. Even if the letter was mislaid or lost and does not reach the offeror. The Acceptance is merely assented to the offeror’s very proposal. This chapter discusses the first major requirement for a valid contract: that the parties have reached “mutual assent” on the basic terms of the deal. Adams v. Lindsell Brief . Your email address will not be published. The postman took the letter to a district office where he posted the letter. The postal acceptance rule flies against the requirement in the law of contract that acceptance has to be communicated. Hardship is placed on the offeror but not on the offeree. The defendant’s argument was that once they did not hear from the plaintiffs they were not in consensus and therefore proceeded to sellthe wool. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Yeah! If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. The case of Adams v Lindsell (1818) 1 B & Ald 681 is taught to university law students when studying offer and acceptance. Objective theory of contracts: In determining whether the parties have reached mutual assent, what matters is not what each party subjectivel ... Subject of law: Chapter 2. Since the inception of the postal acceptance rule in 1818, numerous alternative methods of communication have been developed, including the telephone, telex, telegraph, facsimile and e-mail. However this precludes situations where negotiations initiated by the offeror did not involve letters.

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