acceptance - the postal rule

Question	Answer
what is the general rule for acceptance ?	words must not only be spoken, also must be communicated
if words aren't heard, what happens? case?	they must be repeated Entores v miles far east corp
how are instantaneous communications treated ?	they are treated as an 'in person' conversation, there's special rules for non-instantaneous
when does communication take place according to the postal rule ? case?	when the letter is posted, not received - Adams v Lindsell (even if the letter is not received)
what is the criticism of this?	when a letter gets lost, the offeror may believe that they do not wish to accept
what did Bramwell LJ say about this?	he would prefer it to be binding when received
what does Household Fire v Grant say about this rule ?	that it is arbitrary since does not apply to non-postal acceptances
is there a way to avoid this rule? case?	yes, by using EXPRESS WORDS -Howell Securities v Hughes
what about retraction of a postal acceptance?	there is low case authority on this -Countess of Dunmore v Alexander

Resource summary

	Created by allie hatch almost 5 years ago