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    Does anyone know the facts and the principles laid out in this case?
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    Just the basics?
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    Can you not access the headnotes for the case on Westlaw/LN, OP?
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    (Original post by Mr_Deeds)
    Can you not access the headnotes for the case on Westlaw/LN, OP?
    I just need the basic facts and the principle.
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    It's an archaic and very confusing/ ambiguous case concerning the postal rules. It's actually from the Scottish case law and the name of the case is actually "Countess of Dunmore v Alexander". You probably know that when someone sends an acceptance via the post it's held to be legally binding as of that specific time? Well, the question then arises as to whether or not that acceptance can be rovoked by a quicker means of communication. Say I post an acceptance of an offer to you by post today and you receive the acceptance on Tuesday, what happens if I text you on Monday refusing to accept your offer? The position is unclear in English law but, obiter dictum, C of D v A held that this form of revocation is acceptable and that, as of Monday, I wouldn't be bound.

    The practical importance of this case is negligible though; especially since Hawthorn v Fraser where it was decided that the postal rules only apply where it's absolutely and strictly necessary that one uses the post. Clearly that's not going to be the case if you can actually communicate via other means. I hope this helps.
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    Yes loads thanks.
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    No worries
 
 
 

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