31:
154:(1818), according to which the acceptance was valid at the time of posting. The importance of this decision's ratio is that a postal acceptance will only be valid at the time of posting if it is reasonable for the offeror to expect an acceptance by post. The fact that both parties were living in different towns justifies the inference that both parties had contemplated that a letter sent by post was a mode by which acceptance might be communicated (per Kay L.J. at page 36)
204:
123:
were situated at
Liverpool and Birkenhead respectively. The defendant called at the office of the claimant in order to negotiate the purchase of some houses. The defendant handed the claimant a note giving him the option to purchase some houses within 14 days. On the next day, the defendant withdrew
140:. Lord Herschell argued: "Where the circumstances are such that it must have been within the contemplation of the parties that, according to ordinary usage of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted."
274:
264:
245:
124:
the offer by post, but his withdrawal did not reach the claimant until 5 P.M. Meanwhile, the claimant responded by post with an unconditional
30:
188:
96:
41:
128:
of the offer, which was delivered to the defendant after its office had closed. The letter was opened by the defendant the next morning.
269:
238:
279:
231:
163:
137:
104:
181:
174:
215:
150:
258:
168:
100:
82:
203:
125:
116:
211:
120:
136:
The Court of Appeal ordered that the claimant was entitled to
219:
16:
1892 English-Welsh contract law case on the postal rule
148:
The case is based on a line of decision starting with
76:
68:
63:
55:
47:
37:
23:
239:
8:
246:
232:
29:
20:
275:Court of Appeal (England and Wales) cases
7:
200:
198:
189:Household Fire Insurance Co v. Grant
97:Court of Appeal of England and Wales
42:Court of Appeal of England and Wales
218:. You can help Knowledge (XXG) by
14:
202:
265:1892 in United Kingdom case law
1:
95:2 Ch 27 is a decision of the
296:
270:English agreement case law
197:
81:
28:
164:Offer and acceptance
138:specific performance
105:contract formation
103:in English law of
227:
226:
182:Dunlop v. Higgins
175:Adams v. Lindsell
99:dealing with the
92:Henthorn v Fraser
88:
87:
24:Henthorn v Fraser
287:
248:
241:
234:
206:
199:
151:Adams v Lindsell
64:Court membership
33:
21:
295:
294:
290:
289:
288:
286:
285:
284:
255:
254:
253:
252:
195:
160:
146:
134:
113:
17:
12:
11:
5:
293:
291:
283:
282:
280:Case law stubs
277:
272:
267:
257:
256:
251:
250:
243:
236:
228:
225:
224:
207:
193:
192:
185:
178:
171:
166:
159:
156:
145:
142:
133:
130:
112:
109:
86:
85:
79:
78:
74:
73:
72:Lord Herschell
70:
66:
65:
61:
60:
57:
53:
52:
49:
45:
44:
39:
35:
34:
26:
25:
15:
13:
10:
9:
6:
4:
3:
2:
292:
281:
278:
276:
273:
271:
268:
266:
263:
262:
260:
249:
244:
242:
237:
235:
230:
229:
223:
221:
217:
214:article is a
213:
208:
205:
201:
196:
191:
190:
186:
184:
183:
179:
177:
176:
172:
170:
167:
165:
162:
161:
157:
155:
153:
152:
143:
141:
139:
131:
129:
127:
122:
118:
110:
108:
106:
102:
98:
94:
93:
84:
80:
75:
71:
69:Judge sitting
67:
62:
58:
54:
50:
46:
43:
40:
36:
32:
27:
22:
19:
220:expanding it
209:
194:
187:
180:
173:
169:Mailbox rule
149:
147:
144:Significance
135:
114:
91:
90:
89:
83:Contract law
18:
101:postal rule
259:Categories
126:acceptance
132:Judgement
117:defendant
212:case law
158:See also
121:claimant
119:and the
77:Keywords
56:Citation
59:2 Ch 27
48:Decided
210:This
111:Facts
38:Court
216:stub
115:The
51:1892
261::
107:.
247:e
240:t
233:v
222:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
