Does the postal rule apply on responds to invitation to treat

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taylornicholsonj
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So I'm aware that the postal rule applies to acceptance, but if someone is responding to an invitation to treat (an advertisement for example), can the postal rule apply to their respond if the ad is selling things on a first come first served basis? Thank you.
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OvergrownMoose
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(Original post by taylornicholsonj)
So I'm aware that the postal rule applies to acceptance, but if someone is responding to an invitation to treat (an advertisement for example), can the postal rule apply to their respond if the ad is selling things on a first come first served basis? Thank you.
Yes, the postal rule will apply, unless a different intention is shown by the person/company making an invitation to treat e.g. if it is said that 'notice in writing' is required to accept, then the postal rule will not be applied. See, for instance, Holwell Securities v Hughes [1974] #Moooose
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taylornicholsonj
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(Original post by OvergrownMoose)
Yes, the postal rule will apply, unless a different intention is shown by the person/company making an invitation to treat e.g. if it is said that 'notice in writing' is required to accept, then the postal rule will not be applied. See, for instance, Holwell Securities v Hughes [1974] #Moooose
omg thank youuuu i kept refreshing to see if anyone had answered my question because I'm working on an assignment rn hahah. thank you!
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OvergrownMoose
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(Original post by taylornicholsonj)
omg thank youuuu i kept refreshing to see if anyone had answered my question because I'm working on an assignment rn hahah. thank you!
No worries, glad I could help #Moooose
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taylornicholsonj
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(Original post by OvergrownMoose)
No worries, glad I could help #Moooose
Oh my god I just realized you're a student in Exeter too?? What year are you in?
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OvergrownMoose
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(Original post by taylornicholsonj)
Oh my god I just realized you're a student in Exeter too?? What year are you in?
Haha, yep! I actually graduated this year with first class honours :P How are you finding it? If you need any help with anything just let me know!
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taylornicholsonj
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(Original post by OvergrownMoose)
Haha, yep! I actually graduated this year with first class honours :P How are you finding it? If you need any help with anything just let me know!
Oh wowwwwww congratulations! Yeah I like contract quite a lot but constitutional law sucks I absolutely hate it.
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OvergrownMoose
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(Original post by taylornicholsonj)
Oh wowwwwww congratulations! Yeah I like contract quite a lot but constitutional law sucks I absolutely hate it.
I actually found first year quite difficult, so don't worry if you struggle! Constitutional was boring, but it's actually really easy to do well in - I don't know who your lecturers are but if they are the same as mine you will be fine #Moooose
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taylornicholsonj
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(Original post by OvergrownMoose)
I actually found first year quite difficult, so don't worry if you struggle! Constitutional was boring, but it's actually really easy to do well in - I don't know who your lecturers are but if they are the same as mine you will be fine #Moooose
I am struggling a bit lol there's so much work. We have Tim for contract and everyone loves him haha and also Nathan for criminal he's really good too. Quick question what modules did you take for your final year?
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OvergrownMoose
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(Original post by taylornicholsonj)
I am struggling a bit lol there's so much work. We have Tim for contract and everyone loves him haha and also Nathan for criminal he's really good too. Quick question what modules did you take for your final year?
You'll be fine! Just do the reading and think critically and you'll breeze through the year Ah Nathan is fantastic, he makes everything very clear! In my final year I took Equity & Trusts (a compulsory module), International Law, Commercial law, and a dissertation #Moooose
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Sorry to disagree but the postal rule cannot apply to responses to invitations to treat, because any response to such an invitation could not, by definition, be an acceptance.

Whether any particular advert is an invitation to treat or an offer is a different question. If you decide it is an offer then maybe the postal rule could apply. (Although it is quite hard to think of good examples as in most cases the things that lead you to conclude that in some particular case an advert is an offer would usually also lead you to conclude that the postal rule must have been impliedly excluded).
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Mimir
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(Original post by taylornicholsonj)
So I'm aware that the postal rule applies to acceptance, but if someone is responding to an invitation to treat (an advertisement for example), can the postal rule apply to their respond if the ad is selling things on a first come first served basis? Thank you.
If I remember rightly, an advert is not an offer. Therefore a response is not an acceptance (put simply).

The postal rule doesn't apply, therefore.
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OvergrownMoose
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(Original post by Forum User)
Sorry to disagree but the postal rule cannot apply to responses to invitations to treat, because any response to such an invitation could not, by definition, be an acceptance.

Whether any particular advert is an invitation to treat or an offer is a different question. If you decide it is an offer then maybe the postal rule could apply. (Although it is quite hard to think of good examples as in most cases the things that lead you to conclude that in some particular case an advert is an offer would usually also lead you to conclude that the postal rule must have been impliedly excluded).

(Original post by Mimir)
If I remember rightly, an advert is not an offer. Therefore a response is not an acceptance (put simply).

The postal rule doesn't apply, therefore.
Sure, the general principle is that an invitation to treat is an invitation for someone else to make an offer, but there is case law supporting the possibility of the postal rule to apply here (despite its apparent contradiction to the meaning of an inivitation to treat)! I'll try and find it #Moooose
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OvergrownMoose
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At the very least, if answering a problem question on this I would encourage the OP to make sure it is DEFINITELY an invitation to treat, and not an offer. If it is an offer being made, then the postal rule clearly applies #Moooose
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(Original post by OvergrownMoose)
At the very least, if answering a problem question on this I would encourage the OP to make sure it is DEFINITELY an invitation to treat, and not an offer. If it is an offer being made, then the postal rule clearly applies #Moooose
I'm afraid that I disagree again.

If you find an exceptional advert that is an offer then the reasons you conclude that is an offer are likely to also lead you to conclude that the postal rule must have been excluded.

Consider the example in the OP. You might decide that "first come, first served" makes this particular advert an offer rather than an invitation to treat (by analogy to Lefkowitz v Great Minneapolis Surplus Stores, perhaps). However, the same phrase means that the postal rule cannot apply: the offer is accepted by being the "first come", not by putting a letter of acceptance in the post.
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Alizah01
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Hi there just saw these posts and this is my first time on here. I have a question and it's doing my head in don't know if anyone can help.

If a letter of acceptance is misaddressed but does reach the offeror eventually does that still form a binding contract? Because Adams v Lindsell it says it does but when I read the Contimar case it says it doesn't. What's the difference in these two cases as I am now soo confused!!! Can anybody help me on this pleaseee
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OvergrownMoose
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(Original post by Alizah01)
Hi there just saw these posts and this is my first time on here. I have a question and it's doing my head in don't know if anyone can help.

If a letter of acceptance is misaddressed but does reach the offeror eventually does that still form a binding contract? Because Adams v Lindsell it says it does but when I read the Contimar case it says it doesn't. What's the difference in these two cases as I am now soo confused!!! Can anybody help me on this pleaseee
I've PM'd you #Moooose
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(Original post by Alizah01)
If a letter of acceptance is misaddressed but does reach the offeror eventually does that still form a binding contract? Because Adams v Lindsell it says it does but when I read the Contimar case it says it doesn't.
Getreide Imports v Contimar doesn't say anything of the sort. It isn't really a case about acceptance at all, but to the extent that it can be applied by analogy, it says that the postal rule does not apply to misaddressed acceptances. That means that no contract is formed when the misaddressed acceptance is posted. It does not mean that no contract is formed later when the misaddressed acceptance somehow reaches the offeror. A contract will be formed at that later time unless the offer has lapsed or been retracted in the mean time.

Adams v Lindsell has nothing to do with misaddressed acceptances. You have misread the facts. The claimant's letter of acceptance was addressed correctly.
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