Critically, this only applies to post, and not other forms of non face-to-face communication such as email or texts. Tech. Although it is generally accepted that postal communications sent via the Royal Mail do benefit from the rule, other methods of accepting does not benefit from the rule. Write an assignment on the rationale & relevance of the postal rule of acceptance in the 21st century by analyzing the possibility of acceptance by post according to the current practice. The offeror, to have a change in mind or a withdrawal of the offer, or made an offer with someone else is possible but nevertheless, the court looked into the conduct business would be better served by giving the offeree certainty, thus the postal rule was created. 6 Entores Ltd. v Miles Far East Corp.1955 2 QB 327. As electronic methods have progressed, the dispatch and receipt of a message tends to coincide and any law that dealt with the delay between the two, such as the postal rule, seems to be rendered useless or obsolete. That being said there might be delayed in between the sending of an acceptance. This paper is then divided into two main parts. The consequence of applying the rule to email negotiations is thus: a contract would be formed when an acceptor/offeree pressed 'send' rather than when the offeror received the acceptance. Through the decades other forms of communication have been invented which are now much speedier telex, phone , fax and now instant messaging and email. However, the offeror can stipulate in the contract that the postal rule is not applied.4, There are some problems in relation to the postal rule. In summation, it seems the postal rule is not completely outdated; it can still apply to modern non-instantaneous methods of communication such as email. Do you think people who are better looking have much easier lives? Looking for a flexible role? Because of this direct link between the two parties, the communication is instantaneous. New technologies will develop more instant communication methods and email may be the last place for the application of postal rules. journal of DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home Limit the amount of information you take out of the office. If youre unsure of whether you made an offer and thus have an offer or merely an agreement, you can read about the difference between a contract and agreement here. Re: Contract law - mail postal acceptance rule If it was within the reasonable foresight of the parties that post might be used in the course of communications, then the postal acceptance rule applies regardless of the circumstances, unless it was expressly stated by the offeror that it did not apply (ie; there is a clause saying "acceptance . On the one hand the offeror cannot know the offeree accept his offer and therefore he is bound to a contract. The first one illustrates on the history and current situation of postal rules while the second part examines the postal rule under the impact of two important Acts. The law regarding instantaneous seems to be more concise and fairer than the postal rule, instantaneous methods have been used for many years since the cases above and has had little or no effect on commerce which could be an indicator that it is perceived as just and acceptable by society. The "postal acceptance rule" was established by the English contract case of Adams v. Lindsell (1818) 1 B & Ald 681 (High Court Queen's Bench) and still specifically applies to contract formation via postal means. Deveral Capps points out that in the 21st century there are various methods of instantaneous communication to check that any non-instantaneous correspondence have arrived successfully. How much trade does Canada do with the US? 31 These possibilities were not sufficient to convince the court to find that the general rule of communication should be displaced. The contracts between consumers and businesses selling through websites is expressly governed in this way by The Electronic Commerce (EC Directive) Regulations 2002[21]which implies that the receipt rule is effective in internet contracting by stating the order/acknowledgment of the order will be deemed to be received when the parties to whom they are addressed are able to access them[22]. Submitted: 20/06/2018 Revised: 05/07/2018 Delphine Defossez* Accepted: 15/01/2019 Abstract Purpose - This paper focuses on the application of the postal rule to email, due to the controversy surrounding the application of the "instantaneous" test to emails. This answer is wrong. Although in certain countries, the approaches are comparatively well defined, uncertainties remain and the clear way towards resolution appears to be far from defined. Is Annual Leave Loading Payable on Termination of Employment? (1995) the communication was sent by telex not email. cf., 56 Baylor L. Rev. Dedicated editors who are active in their specific communities. It was also suggested by the court that the postal rule would not be used where it would lead to manifest inconvenience. Therefore, the postal rule can apply to the acceptance sent by the mail. The first reason is the type of communication. On the other hand, there are also a number of reasons put forward by academics of why the postal rule shouldnt be extended to email. First the offeror makes an offer to the offeree. 9 cf., J. of Int. 4. It provides the offeree with confidence that an acceptance once posted will be effective, even if the postal system delays delivery of the acceptance beyond the offer date. In both cases the sender 'posts' correspondence via a third party, correspondence arrives in the receiver's 'mail box', and the message is not actually read until the correspondence is 'opened' by the recipient. However, there are some instances where the dispatch doesnt automatically mean acceptance has been communicated. The offeror is in a position to effectively oust the postal . Postal Rule of Acceptance: The postal rule states that an acceptance by post takes effect when the acceptance is posted and not when the acceptance is actually received. Where post is the requested form of communication between parties or where it is an appropriate and accepted means of communication between parties, acceptance is complete as soon as the letter is posted. The mailbox rule (also called the posting rule), which is the default rule under contract law for determining the time at which an offer is accepted, states that an offer is considered accepted at the time that the acceptance is communicated (whether by mail e-mail, etc). While in the environment of distant contracting or indirect business, instantaneous method of communication is not available. Administrative law in Australia is complex and might be confusing to the ordinary observer, but so are the government and the laws they seek to regulate. 5 Howick Place | London | SW1P 1WG. J. These two Acts give new insights to the application of postal rules. Eliza Mik states email messages are exchanged independent of each other, without establishing a simultaneously contiguous end-to-end traffic path between the contracting parties[25], she states it is technically incorrect to describe Email as instantaneous, thus on this basis surely the postal rule should apply to electronic mail. The argument against is because once a letter is posted, the offer is consider accepted and there is no provision in law for revoking an acceptance. Finally the conclusion of the term paper is collectively assessed. 3 Adams v Lindsell1818 1 B & Ald 681; Henthorn v Fraser1892 2 Ch 27 at 33. The textbooks from Mindy Chen- Wishart (2012), Contract Law, and Richard Stone (2008), The modern Law of Contract, give a good overview of the topic. an offer, acceptance, counter-offer, withdrawal, rejection, revocation or declaration) is to take effect on reaching that person. J. It is argued that actual prior communication of rejection would not necessarily prejudice the offerror, who, by definition will be unaware of the acceptance. The postal rule of acceptance does not apply to revocations of offers (If a letter of acceptance is posted after a letter of revocation has been posted, but before that revocation is receives . However, this is not always completely legitimate as the means of correspondence can change during the course of negotiations[8]. The fact of the case in brief; the defendant sent a letter to the plaintiff offering wool for sale, and asking for a reply in course of post. Postal Acceptance Rule. The rule was made in Adams V Lindsell. Many law professionals express their views whether emails and other on-line contract methods are instantaneous communication to which general acceptance rules could apply. The Student Room and The Uni Guide are both part of The Student Room Group. The law only applies to communications by mail or by some type of delivery service. Since 1818, the postal rules have been changed and developed a lot due to the formation of modern communications. Does the Postal Rule apply to E-Mail? In addition, acceptance is also effective on posting, even when the letter is lost in the post. Learn more, how to make sure shes 16 without sounding weird. In contrast, the way via the internet takes some time and therefore cannot be classified as instantaneous.10 In the following discussion, the main focus is on the email via the internet. The case also compares emails that are not yet accessed to mail unopened and subsequently is persuasive that the postal rule should apply to email. Postal rules were developed to solve the conflicts and problems in contract communication and acceptance. The consultation period ended in June last year and the Commission proposes to publish a draft bill in Easter 2013. However, there are some limitations to the postal rule. This paper asks the question: should acceptances communicated by electronic means be governed by the principle or by the exception? In dealing with this issue, the approaches adopted by jurisdictions such as Singapore, Australia, as well as Malaysia are examined. The main reason for this rule is historical, at the the time when postage of a letter is slower and less reliable than it is today, in the 21st century. This was reaffirmed by Household Fire and Carriage Accident Insurance v Grant[3]and in more recent cases such as Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelgesellschaft GmbH[4]where it was held that placing a letter in control of the Post Office constitutes a binding acceptance. Postal rules are exceptions of offer and acceptance rules defining some special problems in distant communication. 175 (2004): pp. "The postal acceptance rule took shape in a world where the relatively newly developed postal system provided the only means of communication between distant parties. On the other hand the offeror bears the risk of failure of communication, even if it is not his fault.5 In the modern world new communication systems arose which had to be integrated into the common law. The findings have established that at present, there is no definite answer due to the inadequacies of existing legal frameworks and provisions, amplified by the lack of judicial interpretations to provide clear resolution. To discover whether an agreement has been reached under a classical contract theory, an acceptance which matches the offer that has been made is required. A notification reaches someone when it is made available to that . J. Since there are many delays and failure situation in sending and receiving message through emails, parties could not get instantaneous communication between each other. However, to determine whether a postal rule is applicable to the acceptance by mail, some methods of communication benefit from the rule or not needs to be ascertained. L. and Tech. The 'traditional' classification into 'instantaneous' and 'non-instantaneous' methods of communication must be abandoned. UK LawAustralian Law. Mailing often lasts for a few days and both parties could not aware of the communication at the same time. What grade do you think this piece of criminal law coursework deserves? Moreover, it formed of associates with brilliant backgrounds in corporate, commercial, criminal & banking law. The communication does not take effect until the party, to whom the communication is addressed, receive and understand it. The postal acceptance rule can only be debated if the interaction does not resemble face-to-face dealings and one of the parties deserves protection from the risks of the communication method chosen by the other. In the process the communication between the parties is fundamental. How many hours do you study per day as a law student? Subsequently the contract is legally binding. You should not treat any information in this essay as being authoritative. The Student Room and The Uni Guide are trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. The plaintiff then sued for breach of contract. Perhaps the new rule should state that, where an offer contemplates acceptance by a non-immediate form of communication, that acceptance is effective from the time it leaves the acceptors control. The telex was brought before the court in Entores Ltd v Miles Far East Corporation[11]in 1955, Lord Denning gives various examples of when an acceptance is communicated or not, he concludes the rule about instantaneous communications between parties is different from the rule about post. 4 cf., Stone, R. (2008): pp. Additionally, it can help you in understanding exactly when you have entered into a contract with another party. Such a definition would remove the need for a trusted third party and would encompass all non-instantaneous methods of communication (including those not yet invented). Acceptance of an offer takes place when a letter is posted while revocation of an offer takes place when the letter is received. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. In this modern world, communication can take in many forms. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! The Postal Acceptance Rule in the Digital Age. The postal rule also does not apply to other contractual letters. An obvious advantage of using the postal rule for the acceptance of contracts is for the offeree. The postal acceptance rule can get you into trouble if you fail to account for this in your contracts. In addition, this paper also discusses the impact of the Electronic Transactions Act 1999 and the Electronic Transactions Act 2000 on the postal rule. Canon Canada Inc. [1], the court found that the negotiation of an agreement by an exchange of emails resulted in a legally binding agreement even though no formal contract was signed. This is a trusted computer. Summarized, the rules of contracts by post include the following: 1. Second, it only applies to letters and telegrams. We were Law Awards of Scotland Litigation Team of the Year 2015, commended in 2018 and finalists in 2012, 2013 and 2014. The purpose of this term paper is to critically discuss the arguments for and against the question, does the postal rule apply to email? By closing this message, you are consenting to our use of cookies. Accordingly in the second chapter the process of communication by email is described and the different arguments for and against the main question are critically discussed. Just as well, people could fire themselves with a firework. In the most countries all the modern communication systems like telephone, telex, fax and website were classified as instantaneous and the postal rule does not apply. Where does Canadas carbon emissions come from? The postal rule as accepted in the common law legal system: Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages 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. Copyright 2023 Lawpath operations Pty Ltd ABN 74 163 055 954. The first one examines the justifications of the postal acceptance rule, while the second part analyses thoroughly the application of postal acceptance rules to email contracting. The postal rule provides certainty for the acceptor as he knows that there is a binding contract as soon as he posts his letter of acceptance. The court held that to require a posted acceptance to arrive at its destination before it could be effective would be impractical and inefficient. Wherein, thru confusion inside the summit. 30. Therefore, the Postal Rule does not apply. Postal rule issues are one of the controversial parts of in the law of contract. It was held that there was a valid contract, because the rule for the post is that acceptance is effective even if the letter never arrives. There are several ways to exclude the postal acceptance rule from impacting upon your contracts. In the real world, we do not see an offeror consistently making an offer to people, and subsequently this justification seems to be attempting to affect a useful acceptance rule rather than . Disclaimer: This essay has been written by a law student and not by our expert law writers. Repudiation of a Contract: A contracting party's words or actions that indicate an intention not to perform the contract in the future. 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. We're still at the stage of discussion. To the court at the time in Adams the rule seemed practical, if the defendants were not bound by the acceptance until it was received then the plaintiffs shouldnt be bound until the notice of receipt of acceptance was received by them; subsequently this could continue ad infinitum and it would be impossible to achieve formation of a contract by post (which was the predominant method of communication)[5]. Halliday Campbell WS are Signet Accredited Specialist Commercial Litigation solicitors. An offer made by post is not effective until received by the. This raised many questions in contracts offer and acceptance. Post or mailing is often referred as snail mail because it could take a long period of time to get to the recipient. Com. This paper presents the application of the rules and continuing existence in modern society. Different from online business contract, emails could not be considered as an instantaneous communication method because there are gaps and delays in sending and receiving information. It must be Mailed using the accepted means of mailing a letter/ Envelope, i.e. This leads to the question, if the postal rule apply to email?9. Nowadays offer and acceptance are communicated more and more electronically besides the traditional way of written letters. The mailbox rule, also known as the "postal rule" or "deposited acceptance rule," is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Postal rule is used to solve problematic cases such as the delay of communication. First, it can only apply to acceptances and not to any other type of communication for example an offer or a revocation. Moreover, letters of acceptance must be properly addressed and stamped. The user presses the send button and transmits the email to the internet server provider (ISP). Remote communications are needed when business parties are not available for fact to fact connection. There are several reasons why the postal rule should apply and why the postal rule should not apply to email communication via the internet. The letter than was misdirected by the defendant, and arrived later than it would have been. 3.1 Communications by Email The postal rule does not apply where it was unreasonable for the acceptance letter to be sent by post. Acceptance by Post. The Postal Rule of Acceptance in a Digital World. This article focuses on the issue of the application of a traditional postal rule in acceptance through post in a contemporary acceptance via email. This article provides guidance on starting your own car dealership business. Both sender and receiver could not communicate directly between each other. The legal rule that when an offer in contract is expected to be accepted by post, the time and place at which the acceptance is posted is the time and place at which the contract will be taken to have been formed. Postal rules need to be developed and applied to the email communications which could benefit all parties. However, a problem arises where an instantaneous method is used but the message is not actually instantaneous, Lord Fraser dealt with this problem in Brinkibon Ltd v Stahag Stahl[14]and stated that responsibility and risk was on the person who receives the message if they choose not to man their machines[15]. The rule was created in Adams V Lindsell[2]where, through misdirection in the post, the defendants offer was delayed which subsequently caused the plaintiffs communication of acceptance, also by post, to be delayed too. In consideration of the peoples participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. Not far, of course. What purpose does the mailbox rule serve and how should it be applied to emails? The Electronic Transactions Act 2000 was created to respond to the report. The plaintiff therefore succeeded: the defendant was in breach of contract. The postal acceptance rule only applies to the non-instantaneous communication i.e. The rule is designed to remove uncertainty from the contract formation process. Postal acceptance rule or the mailbox rule established in the case of Adams v Lindsell (1818) states that acceptance is made when the acceptance letter is sent by the offeree. Keep me logged in. The offeror can create certainty for himself by stipulating that he must receive acceptance before it is binding or setting other such limits. Consequently, communication in most of contractual transactions nowadays is generally no longer made on paper but shifts to paperless documents through technological devices such as email and other electronic forms. Critical point did the postal rule apply if the offeror requires a notice in writing to accept? 22 (2001): pp. Does the Postal Rule apply to E-Mail? Published: 20th Sep 2021, Jurisdiction / Tag(s): This paper addressed on the issue of postal rules, its creation, developing and application in current business such as email communication. The EDI is a system which is established with a direct link between two parties and therefore a sent email reaches the receivers computer immediately. Tech. Another advantage of using the postal rule is the use of last-minute acceptances. Read this book using Google Play Books app on your PC, android, iOS devices. Email via internet is a non-instantaneous type of communication as shown above and can be described as the digital equivalent of the postal system. 200; Queensland U. The question should ask in this circumstances is can a letter of acceptance be cancelled by actual communication before the letter is delivered? In email contracts, there is absence of legislative establishment regarding to determine the acceptance or revocation of offer. A revocation, or cancellation of the contract must actually be told to the relevant person/party. Acceptance is effective as soon as it is posted. It is the rule (stated by the High Court in a case in 1957 which is still good law) that a contractual offer may be accepted by post and will be deemed accepted at the time the letter is sent - not when it is proven received - if it was contemplated that post was a means by which the offer might be accepted. Keywords contract law, e-commerce, online contracting Discipline Contracts | Internet Law Publication Journal of Contract Law Volume 26 The communication does not take effect until the party, to whom the communication is addressed, receive and understand it. You should not treat any information in this essay as being authoritative. In 1818, in Adams v Lindsell, the postal rule was first introduced, when the court had to decide the time of contract formation by post. Copyright The Student Room 2023 all rights reserved. like revocations, which have to be actually delivered. You can find, The United Nations Convention on Contracts for the International Sale of Goods, Discussion Paper on Formation of Contract, Draft Common Frame of Reference: Principles, Definitions and Model Rules of European Private Law, Carmarthen Developments Ltd. v Pennington (2008 CSOH 139), Data Protection and Retention Policy here. Postal rules should be applied to email contracts but there are no legislative acts to decide the time and status of emails. Postal rules have been amended and developed a lot since its creation to meet the ongoing business demand. 8 The USA is an exception. In English Law, the Postal Rule, true to its name, is applicable only to acceptances communicated via post or telegram. Of course, this leaves you subject to legal interpretation. Free of charge, full language editing report at point of submission, to help you assess and improve your manuscript prior to peer review. Cheshire argues that it would be unfair to the offeror, who would be bound as soon as the letter was posted, whereas the orreree could keep his options open. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Publish with HindawiJoin our community of authors and benefit from: An easy-to-use manuscript submission system, without manuscript formatting requirements. Does the postal rule still apply? Acceptance of the offer. One of the book I read states that postal rule applies and then a thread that I read mentioned that the postal rule does not apply when it comes to email. In relation to the post, this problem was solved by the introduction of the postal rule as an exception to the general rule.2. This is an exception to a major principle that covers other contracts that you engage in; that acceptance actually has to be communicated. To study the postal rule thinking about modern-day correspondences, it is first important to research the customary law concerning provide and acknowledgment by way of post. We believe that it will still valid in modern business world and continue to guide healthy business performance. So the acceptance is complete immediately the letter of acceptance is posted, even if the letter is delayed, destroyed or lost so that the offeror never receives it. For example, email communications are treated differently than website contracting. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Does email count as contract Ontario? What is the cost of living increase for 2022 in Canada. The rule means that when a contract is accepted by post, sending the letter creates the contract. However such a simplistic rule that can be applied to this traditional form of communication enables the law to remain accessible and in the consumers favour. The post office receiving the letter forms the contract, rather than you receiving their acceptance. Now, government has established new regulation and rules (such as Electronic Transactions Act 1999 and the Electronic Transactions Act 2000) to guide the use of postal rules in online business. A provision that requires acceptance to be communicated is the easiest way to do this. The law does not apply to face-to-face . The rules of contracts by post (postal rules) include the following: An offer made by post/letter is not effective until received by the offeree. (2007): pp. For the discussion i.a. A letter of allotment then was posted to the defendant, but it never reached him. Under the posting rule, that acceptance takes effect when a . Chose psychology, but want to do law Is a shop legally obliged to sell at the price displayed? It was acceptance to send a letter to accept but it took effect if it arrived within the time limit, not when it was . Plaintiffs brought action against Defendant for breach of contract and failure to deliver.). With e-commerce on the rise, it may also be worth considering whether the postal rule should apply to contracts conducted via e-mail and internet. This however, could be interpreted as an agreement to discharge. Yes, emails certainly can be legally binding.For contracts to be legally binding, five essential elements must be present: An offer. Postal rules were created to solve the problematic issues between offeror and offeree. Do you think postal rule should be applied in the communication of proposal through email or other online communication? The post, which used to take several weeks, arrives after a few days and modern communication systems like fax, telephone and email were established. The claimant sent a letter of acceptance but it was lost in the post and did not arrive in time. There is an argument for this from a technical perspective, the average person may regard email as just as instantaneous as a fax or teletex, however an email is not sent directly between the two devices, instead it is transferred through a server. On the other hand, however, in the modern age of the 21st century, without further explanation, the technology is beyond our imagination. The postal acceptance rule is a legal lie : it deems that notification of acceptance has occurred when in fact it has not. The answer is, Probably not. The reason is that web-based e-mail providers can invoke the Stored Communications Act (SCA), 18 U.S.C. Emails can be used as admissible evidence in a court of law if theyre found to be authentic. In place of the old Postal Acceptance Rule, the draft bill proposes that any notification to a person relating to the formation of a contract (i.e. However it is important to know the consequences of the Postal Acceptance Rule as it can have significant impacts on whether you must carry out a potential contract that you wish you could cancel. Do you have a 2:1 degree or higher? Lawpath is not a law firm and does not provide legal advice. TYPES OF CRIME IN LEGAL SYSTEM OF BANGLADESH, General Banking Activities of Jamuna Bank Ltd. 32 In . Computers and internet may take several minutes or longer to respond. Make sure you include disclaimers in the emails. offeree. Offer was received by Plaintiffs on October 11 and immediately accepted via telegram on the same day; acceptance was subsequently confirmed by Plaintiffs by letter on October 15. It is also notable that the offeror, when choosing the postal system as his chosen means of communication should understand and bear the risks naturally associated with such a method, such a delayed, damaged or loss mail;[6]such a observation was made in Henthorn v Fraser[7], Lord Herschell also held that where it must have been within the contemplation of the parties that.. 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,. The postal acceptance rule states that where an acceptance is to be sent by post, the contract associated with that acceptance is considered as concluded at the moment of posting the letter, not when the letter is received (or in fact if the letter is received). Terms: Mailbox Rule: The principle that an acceptance becomes effective, and binds the offeror, once it has been properly mailed. Does the postal rule or the receipt rule apply to an e mail accepting an offer? What is the biggest health issue in Canada? Lawpath is an online legal service that makes it faster and easier for businesses to access legal services solely based on their own preferences. Although it is generally accepted that postal communications sent via the Royal Mail do benefit from the rule, other methods of accepting does not benefit from the rule. Postal rules have become mature and complete after more than 200 years application. In this kind of situation, business parties could hardly aware of the acceptance or refusal of a contract. And this leads to the general rule of acceptance that the contract is only binding if the offeror has received the acceptance of the offeree. The fact that the digital world has conquered almost all aspects of life drives contracting parties to adopt a more expedient means of communication in their formation of a contract, which was traditionally executed in the paper form. There is also an assumption that a message of acceptance sent during normal business hours by means of instantaneous communication can be reasonably expected to have been received[13]. . We are located in Edinburgh, Scotland. Tech. It does not apply to acceptances made by some "instantaneous" mode of communication (Chitty on Contracts, 30th edn, paragraph 2 . 22 (2001): pp. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Issues of acceptance do not arise in this case since the letters were all received within time. The rule means that when a contract is accepted by post, sending the letter creates the contract. Australian government especially the Electronic Commerce Expert Group which was established to report the issues relating to ecommerce adopted UNCITRAL to deal with conflicts in B2B business. Under the guidance of these Acts, there will be much greater clarity regarding to the application of general offer and acceptance rules. Since there are many delays and failure situation in sending and receiving message through emails, parties could not get instantaneous communication between each other. It would seem that most legal eagles or academics rather, disapprove of the postal rule being applied to contracts being concluded by e-mail. Focus on whether the postal rule ought to apply to instantaneous methods of communication. People can communicate with each other through various methods: telephone, email, on-line chatting and etc. This article focuses on the issue of the application of a traditional postal rule in acceptance through post in a contemporary acceptance via email.
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