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Acceptance by email (Contract Law)
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#2
Electronic acceptance takes effect as soon as it is received. Therefore, the Postal Rule does not apply.
The case, I believe, is Entores v Miles Far Eastern Co.
The case, I believe, is Entores v Miles Far Eastern Co.
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#3
(Original post by Bonafide)
When does acceptance by email become effective?
When does acceptance by email become effective?
(Original post by Revel)
Electronic acceptance takes effect as soon as it is received. Therefore, the Postal Rule does not apply.
The case, I believe, is Entores v Miles Far Eastern Co.
Electronic acceptance takes effect as soon as it is received. Therefore, the Postal Rule does not apply.
The case, I believe, is Entores v Miles Far Eastern Co.
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#4
(Original post by Maura Kat)
instances that involves instantaneous communication will not fall under the scope of the postal rule.
instances that involves instantaneous communication will not fall under the scope of the postal rule.
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#5
(Original post by Bonafide)
When does acceptance by email become effective?
When does acceptance by email become effective?
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#6
Emails just have to arrive in order to constitute acceptance (e.g. Brinkibon v Stahag Stahl), but if they arrive outside of normal business hours then acceptance takes place at the resumption of business (Mondial Shipping v Astarte Shipping - so if you're dealing with a company that only works Monday-Friday, and you email them on Saturday, acceptance takes place when they open again on Monday).
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#7
(Original post by Revel)
Electronic acceptance takes effect as soon as it is received. Therefore, the Postal Rule does not apply.
The case, I believe, is Entores v Miles Far Eastern Co.
Electronic acceptance takes effect as soon as it is received. Therefore, the Postal Rule does not apply.
The case, I believe, is Entores v Miles Far Eastern Co.
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#8
(Original post by Ashna.R)
This answer is wrong. In the case of Entores v Miles Far East Corp (1995) the communication was sent by telex not email. Electronic acceptance does not take effect when received, it takes effect when the parties intend it to be accepted by reference to sound business practise having regard to where the risks between the parties may lie...
This answer is wrong. In the case of Entores v Miles Far East Corp (1995) the communication was sent by telex not email. Electronic acceptance does not take effect when received, it takes effect when the parties intend it to be accepted by reference to sound business practise having regard to where the risks between the parties may lie...
Also the Entores course featured Denning, so probably not from 1995.
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#9
(Original post by Notorious_B.I.G.)
Well, we all make mistakes and the other poster was three years younger when they posted this. Cut them some slack.
Also the Entores course featured Denning, so probably not from 1995.
Well, we all make mistakes and the other poster was three years younger when they posted this. Cut them some slack.
Also the Entores course featured Denning, so probably not from 1995.
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