Download citation on researchgate | going postal: an examination of the postal rule and its modern-day relevance | this undergraduate dissertation contains a critical examination of the postal . The decision of distance contracts has been one of the major issues that arise within contract law - postal rule introduction in which questions had risen in regards to the application of the postal rule and whether it should continue. With reference to the special study source material, discuss the benefits and problems of the postal rule of acceptance (34 marks) this essay was written by a student in january, it contains excellent analysis of the postal rule and makes really good use of the source material. Postal rule and its application remained to be complicated after its introduction when it comes to practical application of law and means of communication when . The ethics rules that apply — and don’t apply — to trump’s children “you do realize that those laws don’t apply to the president, at the washington post, she has written about .
The legal definition of postal rule is a rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror. Similarly in the case of holwell securities v hughes, it is suggested that the postal rule “probably does not operate if its application produce manifest inconvenience and absurdity” when we talk about modern forms of communications technology has rapidly advanced since the 1800s when the postal rule is being created. Clearly strict application of the postal rule means that retraction of acceptance is not possible as there is a binding contract once a letter is sent however, the postal rule has developed in order to benefit the acceptor so it can be argued that it should not be applied in a way which is disadvantageous to him.
This article examines the application of the postal acceptance rule to email acceptances different views have been argued against the application of traditional rule like the postal acceptance . Application of the postal acceptance rule to e-mail acceptances the first reason for extending the application of postal acceptance rule to email contracts is the absence of any legislative establishment regarding determining the conclusion of email acceptances but in the situation of emailcom pte ltd it is not instantaneous even though the . (o’brien, 2007) this example shows how, through application of the postal rule, a party may be bound by a contract without actual knowledge of its existence if the rule stated that the contract would not be formed until receipt by the offeror, injustices like this could be avoided. Today’s postal rule application posted on april 17, 2018 march 28, 2018 author admin comment(0) it is usually said that not only the offer be accepted, but the acceptance must be communicated to the offeror.
Write an assignment on the ‘rationale & relevance of the postal rule of acceptance in the 21st century’ by analyzing the po. Rent one today or click manage your po box to pay for, renew, or make changes to your existing one and post office ™ location to apply for your new passport . Start studying offer & acceptance- the postal rule learn vocabulary, terms, and more with flashcards, games, and other study tools.
The postal rule is a historical ruling, which came about in a time where the main and quickest form of business communication was by post in today's business . The postal acceptance rule is a well-established common law principle applicable to contracts how has the principle been affected by e-commerce and electronic communication. The postal acceptance rule states that there is a contract when posted – so we should apply the sent rule under the eta if the answer is no then either apply the received rule under the eta or ignore it and use the contract rule of communication. The postal rule states a reception is applicable and the contract satisfactory when the acceptor list the application in a mailbox for return mail to the offeror.
Postal rule are to assure the written agreement and communication has legal effect if one of the parties has bad faith another reason for applying postal rule is that to prevent and avoid any business uncertainty regarding the timing of sending and receiving email contract. The postal rule is an exemption to the general rule that an acceptance must come up to to the attention of the offeror fundamentally, this rule can be defined as a rule of contract law that makes exclusion to the common rule and the principle acknowledged was that, a contract is formed the instant the acceptance letter is sent, relatively than . Contract law does the postal rule apply to email - - research paper (undergraduate) - law - civil / private / trade / anti trust law / business law - publish your bachelor's or master's thesis, dissertation, term paper or essay.
The application of the postal rule was differ from cases to cases in the case of henthorn v fraser, the postal rule was applied due to the offeree and offeror are based on different towns the court felt that despite of handed over in person, postal acceptance is much more reasonable. Mailbox rule discussing development & application of mailbox rule i introduction in the common law system, “the mailbox rule is an alternate term for the postal rule when mailed, an acceptance of an offer to contract is valid from the moment it is deposited into a mailbox on dispatch”.
The purpose of this term paper is to critically discuss the arguments for and against the question, does the postal rule apply to email in the first chapter the general formation of a contract is noted as well as the history and application of the postal rule are explained. Name of the post: ap postal circle gds 2018 result released post date: 25-04-2018 latest update: 25-07-2018 total vacancy: 2286 brief information: ap postal circle invites applications for the recruitment of gramin dak sevak vacancies. Abstract this paper examines the creation, development and application of postal rule of acceptance postal rules are exceptions of offer .