Help with offer and acceptance with regard to postal rule- contract lawWatch this thread
just wondering if someone is able to help with my scenario below.
I know it is with reference to the postal rule and how it applies but im unable to see how to advise on who can receive the prize money. I considered that the fax would trump the email because it was sent first. I considered that the postal rule would be difficult to apply to the email citing David Baxter Thomas etc v BPE Solicitors 2010 stating that the postal rule should not apply because its instantaneous communication.
Please help if you are able to so that I can receive some clarity on how I should approach this question if it were to come up in an exam.
In January The Cardiff Post launched a bingo game in a bid to boost sales. Bingo cards were printed and placed in The Cardiff Post on 21 January. Each bingo card had six random numbers printed on it. Those wishing to play the game had to obtain a bingo card and compare it with a set of numbers printed in The Cardiff Post on Saturday 26 January. If the numbers printed on a particular bingo card were the same as the numbers printed in The Cardiff Post, the person in possession of that particular card had the chance of winning one million pounds.
The rules of the competition stipulated that players with a bingo card containing the same numbers as those printed in The Cardiff Post had to notify The Cardiff Post that they were in possession of a winning card and provide the serial number of the card. The rules also stated that if more than one player claimed the prize, it would be awarded to the first player to notify The Cardiff Post that he or she was in possession of a winning card. The Cardiff Post is published every day except Sunday.
Bethan, David and Emma each purchased a copy of The Cardiff Post on 21 January. On Saturday 26 January they all compared their bingo cards with the numbers printed in The Cardiff Post. Each was delighted to find that the numbers of his or her particular card matched the numbers printed in the paper.
Bethan immediately posted her card to The Cardiff Post.
David faxed The Cardiff Post at 1:00pm on 26 January to claim the prize.
Emma e-mailed The Cardiff Post at 1:30pm on the same day also to claim the prize.
Advise the parties as to who, if anyone, is entitled to the prize money.