Knowledge (XXG)

Adams v Lindsell

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could go on indefinitely. Instead it must be considered that the offerors were making the offer to the plaintiffs during every moment that the letter was in the post. Then when the Offeree has placed his acceptance in the post there is a meeting of minds, which concludes the offer and gives effect to the acceptance.
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offering to sell them certain fleeces of wool and requiring an answer in the course of post. The defendants misdirected the letter so that the plaintiffs did not receive it until 5 September. The plaintiffs posted their acceptance on the same day but it was not received until 9 September. Meanwhile,
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said that if that was true it would be impossible to complete any contract through the post; if the defendants were not bound by their offer until the answer was received, then the plaintiffs would not be bound until they had received word that the defendants had received their acceptance, and this
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The acceptance did not arrive in course of post strictly speaking (all parties understood in course of post to refer to 7 September). But because the delay was the fault of the defendant it was taken that the acceptance did arrive in course of post.
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The defendants argued that there could not be a binding contract until the answer was actually received, and until then they were free to sell the wool to another buyer.
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2 Ch 27 that the court determined the precise timing of the acceptance, that is the moment the letter of acceptance is posted. (See also
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on 8 September, the defendants, not having received an answer by 7 September as they had expected, sold the wool to someone else.
277: 287: 207: 134:; however, it was found that where a letter of acceptance is posted, an offer is accepted "in course of post". 212: 127: 188: 30: 115: 271: 183: 123: 182:
This case is the first step towards establishing the postal acceptance rule (
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contract case regarded as the first case towards the establishment of the "
130:. Ordinarily, any form of acceptance must be communicated expressly to an 131: 119: 143: 16:
1818 English contract law case which introduced the postal rule
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Beale, Hugh; Arthur Hartkamp; Hein Kotz; Denis Tallon (2002).
98: 88: 78: 73: 65: 57: 47: 37: 23: 69:EWHC KB J59; (1818) 1 B & Ald 681; 106 ER 250 142:The case involved two parties in the sale of 8: 261:Cases, Materials and Texts on Contract Law 29: 20: 195:Entores Ltd v Miles Far East Corporation 232: 230: 228: 224: 293:Court of King's Bench (England) cases 52:Adams & Ors v Lindsell & Ors 7: 14: 104:Offer and acceptance, postal rule 1: 186:). It was not until 1892 in 309: 283:English agreement case law 103: 93: 28: 208:Agreement in English law 116:(1818) 1 B & Ald 681 146:. On 2 September, the 128:acceptance of an offer 213:Offer and acceptance 278:1818 in British law 263:. Hart Publishing. 245:Beale (2002) p.222 236:Beale (2002) p.221 189:Henthorn v Fraser 108: 107: 300: 288:1818 in case law 264: 246: 243: 237: 234: 112:Adams v Lindsell 74:Court membership 33: 24:Adams v Lindsell 21: 308: 307: 303: 302: 301: 299: 298: 297: 268: 267: 258: 255: 250: 249: 244: 240: 235: 226: 221: 204: 180: 164: 140: 17: 12: 11: 5: 306: 304: 296: 295: 290: 285: 280: 270: 269: 266: 265: 254: 251: 248: 247: 238: 223: 222: 220: 217: 216: 215: 210: 203: 200: 179: 176: 163: 160: 139: 136: 106: 105: 101: 100: 96: 95: 91: 90: 86: 85: 80: 76: 75: 71: 70: 67: 63: 62: 59: 55: 54: 49: 48:Full case name 45: 44: 39: 35: 34: 26: 25: 15: 13: 10: 9: 6: 4: 3: 2: 305: 294: 291: 289: 286: 284: 281: 279: 276: 275: 273: 262: 257: 256: 252: 242: 239: 233: 231: 229: 225: 218: 214: 211: 209: 206: 205: 201: 199: 197: 196: 191: 190: 185: 177: 175: 171: 168: 161: 159: 156: 153: 150:wrote to the 149: 145: 137: 135: 133: 129: 125: 121: 117: 114: 113: 102: 97: 92: 89:Case opinions 87: 84: 81: 79:Judge sitting 77: 72: 68: 64: 60: 56: 53: 50: 46: 43: 40: 36: 32: 27: 22: 19: 260: 241: 193: 187: 184:mailbox rule 181: 178:Significance 172: 165: 157: 141: 111: 110: 109: 51: 42:King's Bench 18: 198:2 QB 327). 124:postal rule 61:5 June 1818 272:Categories 253:References 152:plaintiffs 148:defendants 202:See also 162:Judgment 118:, is an 99:Keywords 66:Citation 132:offeror 120:English 58:Decided 126:" for 219:Notes 167:Law J 138:Facts 94:Law J 83:Law J 38:Court 144:wool 274:: 227:^

Index


King's Bench
Law J
(1818) 1 B & Ald 681
English
postal rule
acceptance of an offer
offeror
wool
defendants
plaintiffs
Law J
mailbox rule
Henthorn v Fraser
Entores Ltd v Miles Far East Corporation
Agreement in English law
Offer and acceptance



Categories
1818 in British law
English agreement case law
1818 in case law
Court of King's Bench (England) cases

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