han55
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Hey, I hope someone can help me with this.

If an offer was made by the use of instantaneous communication and no method of acceptance was prescribed by the offeror, then the offeree accepts the offer by post, would the postal rule apply in this situation? Is there any case law on this also?

Thank you
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hotliketea
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it's been a long time since i studied this , but i have a recollection that there's an implication that you accept in the same way as they communicated the offer. if you don't , i'm not sure your acceptance is valid (unless , of course , the offeror decides to accept it) - there needs to have been an understanding that post would be used, which is unlikely when the original mode of communication was instantaneous. Holwell v Hughes shows it is easy to exclude the postal rule, and supports the idea the idea that the postal rule is displaced/does not apply unless the parties intended it to. see Lord Justice Russell: "... it is necessary that the offer is in its terms consistent with such displacement and not one which by its terms points rather in the direction of actual communication"
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han55
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(Original post by hotliketea)
it's been a long time since i studied this , but i have a recollection that there's an implication that you accept in the same way as they communicated the offer. if you don't , i'm not sure your acceptance is valid (unless , of course , the offeror decides to accept it) - there needs to have been an understanding that post would be used, which is unlikely when the original mode of communication was instantaneous. Holwell v Hughes shows it is easy to exclude the postal rule, and supports the idea the idea that the postal rule is displaced/does not apply unless the parties intended it to. see Lord Justice Russell: "... it is necessary that the offer is in its terms consistent with such displacement and not one which by its terms points rather in the direction of actual communication"
Thank you for this. I've found that the case is Henthorn v Fraser where it was stated that it must be in the contemplation of the parties that the post may be used as a means of acceptance.

I am also unsure as to what the status of the acceptance is if the acceptance was posted but the postal rule does not apply. Is it invalid and there is no legally binding contract or does the receipt rule apply?
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hotliketea
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(Original post by haniie219)
Thank you for this. I've found that the case is Henthorn v Fraser where it was stated that it must be in the contemplation of the parties that the post may be used as a means of acceptance.

I am also unsure as to what the status of the acceptance is if the acceptance was posted but the postal rule does not apply. Is it invalid and there is no legally binding contract or does the receipt rule apply?
why does the postal rule not apply? if it was posted and the postal rule was excluded because it was not contemplated, but post as a method of communication was not prohibited, i would guess the receipt rule would apply. if it was posted when the offer expressly stated no acceptance by post, there is no contract.
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username3689312
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(Original post by haniie219)
Hey, I hope someone can help me with this.

If an offer was made by the use of instantaneous communication and no method of acceptance was prescribed by the offeror, then the offeree accepts the offer by post, would the postal rule apply in this situation? Is there any case law on this also?

Thank you
If an offer was made by an instantaneous form of communication (telephone/fax) then then postal rule does not apply to acceptances to this.

Cant think off the top of my head of cases, one case is Entores v Miles Far east Coporation.

So to answer your question, no the postal rule would not apply and therefore would only become effective once the acceptance by post was actually received by the offeror.
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han55
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(Original post by hotliketea)
why does the postal rule not apply? if it was posted and the postal rule was excluded because it was not contemplated, but post as a method of communication was not prohibited, i would guess the receipt rule would apply. if it was posted when the offer expressly stated no acceptance by post, there is no contract.
Thanks for this
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han55
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(Original post by james_law)
If an offer was made by an instantaneous form of communication (telephone/fax) then then postal rule does not apply to acceptances to this.

Cant think off the top of my head of cases, one case is Entores v Miles Far east Coporation.

So to answer your question, no the postal rule would not apply and therefore would only become effective once the acceptance by post was actually received by the offeror.
I can't find a case that states that it will become effective on receipt. I have found the case of Quenerduaine v Cole which states that postal acceptance in response to an offer made by the use of instantaneous communication is ineffective. I think this will probably be the best case I can use. Thanks for your response.
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username3689312
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(Original post by haniie219)
I can't find a case that states that it will become effective on receipt. I have found the case of Quenerduaine v Cole which states that postal acceptance in response to an offer made by the use of instantaneous communication is ineffective. I think this will probably be the best case I can use. Thanks for your response.
Thats your authority then, thats the case i couldnt think of.
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