Postal Rule Contract Law

  • Premium Essay

    Postal Rule

    Cork Online Law Review 2007 13 O’Brien, Analysis of the Postal Rule ANALYSIS OF THE POSTAL RULE The Postal Rule Revisited Ronan O’Brien In The Law of Contract,1 Treitel refers to the postal rule as being an arbitrary (based on random choice or personal whim)2 rule. As there are differing views on where acceptance by post should be deemed complete, serious problems can arise for the parties to the contract when a breakdown of postal communication occurs. Three possible solutions to this problem

    Words: 1793 - Pages: 8

  • Premium Essay

    Postal Rule

    PROGRAMME (LAW) JULY’10 Name | Alexander Richmond Bin MindiongDouglas Lim Teng YangYang Xi | Student I.D | | Submission Date | 20th Sept 2010 | Words Count | 1732 Words | Subject Code | DL2(Law of Contract) | Assignment Question: You are requested to 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. (You can supply your reasoning for the rule, cite

    Words: 1745 - Pages: 7

  • Premium Essay

    Contract Law

    Law Of Contract Definition and Nature A Contract is an agreement between two parties that creates an obligation to perform (or not perform) a particular duty. According to Section 2(h) of the Indian Contact Act of 1872, A Contract is - “An Agreement enforceable by law” In other words, A contract is a binding legal agreement. Thus we can say: Agreement + Enforceability by law = Contract Formation of Contract PROPOSAL/OFFER [SECTION 2(a)]: A person is said to

    Words: 4434 - Pages: 18

  • Premium Essay

    Rule of Law

    Rule of Law Rule of law is most discuses but least understood concept of present times. Laws are such principles that form basic standard acceptable behavior. This basic standard acceptable behavior are formed aver a long period of time. These principle define clearly the purposes that people are supposed to follow to established a healthy society. The presence of these principles provides a clear vision to society. If these are no laws in a society its members live a life not better than animals

    Words: 729 - Pages: 3

  • Premium Essay

    Contracts-Rules Outline

    Contracts Rules Outline |Intent to Contract: | |Applicability of the UCC: Uniform Commercial Code applies to contracts for the sale of goods | |Unilateral Contract: A contract in which a Promise is exchanged for an action | |Bilateral Contract: A contract in which a

    Words: 2857 - Pages: 12

  • Premium Essay

    Law Contract

    CONTRACT LAW 2012/2013 CONTRACT LAW Content: Formation of contract. Vitiating factors. Terms. Privity of contract. Discharge of contractual obligations. Remedies. Limitation of actions. BEA1003/BEA1003A 2 Contract FORMATION OF CONTRACT A contract was defined in the 19th century by Sir Frederick Pollock as “A promise or set of promises which the law will enforce”. The requirements of a valid contract are: 1.Agreement. 2.Consideration. 3.Capacity . 4.Intention to create legal relations

    Words: 6626 - Pages: 27

  • Premium Essay

    Contract Law

    The existence of contract law is to prevent any sort of illegal behaviour, injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met, there is a problem which is why the contract is created for both parties to follow. However, if either of them fails to do so, then they are in breach of contract and the aggrieved party has

    Words: 1054 - Pages: 5

  • Premium Essay

    Postal Rule

    SHOULD THE POSTAL RULE BE DISCARDED? The “Postal Rule”, commonly known as the “Mailbox Rule” is a principle of contract law. This rule is different from the others, though, as it forms an exception to the general principles of the communication of acceptance. It originated in the English case of Adams v. Lindsell, in the year 1818. The postal rule in England states that a contractual offer, when sent by post, is considered accepted when it is sent-as opposed to when it is received by the receiving

    Words: 497 - Pages: 2

  • Free Essay

    Postal Rule

    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. Through the decades other forms of communication have been invented which are now much speedier – telex, phone , fax and now instant messaging and email. Central requisites to the forming of a contract are those of offer and acceptance. The general rule in law states that acceptance is communicated, and has been received by the offeror . The ruling applies where

    Words: 449 - Pages: 2

  • Premium Essay

    Rule of Law

    Rule of Law Reading. Parpworth, Constitutional and Administrative Law. Pages 42-44 Bradley and Ewing Constitutional and Administrative Law. Pages 89-101 Another cornerstone of the British constitution is the Rule of Law. This principle is developed from the writings of 19th century writer Dicey who stated that there are three (3) elements to this principle; 1. Nobody should be punished by the state if they had not broken the law 2. One law should govern everyone – citizens and

    Words: 438 - Pages: 2

  • Premium Essay

    Dod Contract Rules of the Road

    Sunday, October 27, 2013 RULES OF THE ROAD OPENING A SMALL BUSINESS WITH FEDERAL CONTRACTS BY KRISTIN VELIX BUS330 CONTRACT ADMINISTATION AND MANAGEMENT PROFESSOR CHRISTOPHER KING I have built my hobby of building small model airplanes into a small business, and believe with my proven products from sales to small investigative firms that I may be able to compete for contracts with Homeland Security. I have built a very small remote control airplane that is capable of long sustained flight

    Words: 1202 - Pages: 5

  • Premium Essay

    Contract Law

    Contract Law (Mutuality of Consideration) November 7, 20013 SUMMARY OF FACTS Bernie is selling his 2006 Ford Fusion. Vivian makes an offer to buy Bernie’s car for $12,000. Bernie and Vivian meet and agree on the selling price of $12,500. Vivian needs more time to come up the money for the car. Bernie agrees to give Vivian time to come up with the money to purchase his car. Bernie requires Vivian to put down a $1,000 deposit and pay the full balance by March 31st. Bernie drafts up an agreement;

    Words: 2144 - Pages: 9

  • Premium Essay

    Law of Contract

    – Business Law & Practice Module 01 - Law of Contract Coverage of: • Law of Contract: Definition, Essentials • Types of Contracts • Offer – Definition & Essentials • Acceptance - Definition & Essentials • Consideration – Definition & Essentials, Exceptions • Capacity of Parties • Free Consent • Quasi Contract • Legality of Object • Performance of Contract – Termination of Contract – Remedies for Breach of Contract Case Studies 1 The Indian Contract Act, 1872 The

    Words: 15475 - Pages: 62

  • Premium Essay

    Contract Law

    DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively, if you’re a fan of social theorists such as Jean-Jacques Rousseau, you may argue that we’re also bound by ‘the social contract’, but we digress. Getting back to our original point, the law of contracts

    Words: 2112 - Pages: 9

  • Premium Essay

    Contract Law

    Contract Law  LAW OF CONTRACT Name: Institution:   A contract can be simply defined as an agreement made by parties that is legally binding by its nature. It can also be defined as legally binding set of promises or promises (Lawrence & Elizabeth, 2007). A breach of any aspects of the agreement or a promise that constitutes a contract will lead to a subsequent remedy from the party that has been accused of the breach. The law of contract as shall be later discussed has provided

    Words: 1685 - Pages: 7

  • Premium Essay

    The Law of Contract

    Introduction The law of contract A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire. Intention to create legal relations | | | plus | | | Agreement |

    Words: 1194 - Pages: 5

  • Premium Essay

    Contract Law

    Contract law In Anson’s Law of contract, Beatson define contract as “A legally binding agreement made between two or more persons, by which rights are acquires by one or more to acts or forbearance on the part of the other or others.” The case of Redlox, Bedlox and Orlex comes under the law of contract where the offerors are Redlox and Orlex, and the offerees are Bedlox and Redlox. Acceptance Acceptance of the offer brings it to an end and creates an agreement between the parties. Tieitel defines

    Words: 818 - Pages: 4

  • Premium Essay

    Law of Contract

    QUESTION 1 IF ONE OR BOTH PARTIES ENTER INTO A CONTRACT UNDER SOME MISUNDERSTANDING OR MISTAKEN ASSUMPTION, IN WHAT CIRCUMSTANCES WILL THE COURT INTERVENE TO HOLD THE CONTRACT VOID AND UNENFORCEABLE ON THE GROUNDS OF MISTAKE? In contract law, a mistake is an erroneous belief made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but exception to this places great emphasis on operative

    Words: 3695 - Pages: 15

  • Premium Essay

    Postal Rule

    A contract is a legally binding agreement, be it written or unwritten. In order for a contract to be legally binding, an agreement must satisfy certain requirements which are offer and acceptance, intention to create legal relations, certainty as to the terms of the agreement, capacity to contract, and consideration provided by each of the parties. The rules on offer and acceptance are usually used to pinpoint when a series of negotiations has passed that point, in order to decide whether the parties

    Words: 564 - Pages: 3

  • Premium Essay

    The Postal Rule

    The postal rule (of acceptance) is the fifth and last of the relevant sub-rules affecting communication of acceptance. It can be summarized as, “If, and only if, the postal service is an acceptable method of communication between offeror and offeree, a letter of acceptance takes effect immediately upon posting, rather than upon receipt, and acceptance is therefore taken to have been communicated (to the offeror) at the time of posting the letter.” The rule itself was established in the 19th Century

    Words: 2068 - Pages: 9

  • Premium Essay

    Contract Law

    Contract [Name of the Writer] [Name of the Institution] Contracts Introduction A contract is a legal agreement between two parties. For a contract to be valid, it must meet all prerequisites of the law, should bind the involved parties, and should be implementable in a legal court. Legal Competency: This means that the contract must be legally recognizable, i.e. both the parties entering into the agreement must have reached legal age (Miller, 2010). 1. Mutual Agreement: Also known

    Words: 1312 - Pages: 6

  • Premium Essay

    Contract Law

    consumers and resolve a problem in case of breach of contract. I will also explain the features of the courts process; Woolf reforms, track system, small claims court, county court and time limits- stating the strengths and weaknesses of each. The remedies available, protect the consumers quite well in the event of breach of contract as the injured party is able to claim for damages and gain some form of compensation for the loss of the contract; this is an advantage of a remedy, it makes sure that

    Words: 1307 - Pages: 6

  • Premium Essay

    Rule of Law

    Kiat 930228-02-5513 UKT – 02350 / 0414 UKT April Intake 2014 This question requires the discussion of the threats of the rule of and opportunities posed by the rise and fall of the rule of law around the world. As show above, this clearly covers the topic of rule of law in public law. The rule of law is sited by A.V Dicey. According to A.V Dicey, the rule of law is one of the important pillar of the British constitution, with Parliament Sovereignty being the other pillar. This is because

    Words: 2939 - Pages: 12

  • Premium Essay

    Contract Laws

    Contract Laws Jerry Attric BUS311: Business Law I Instructor:  November 10, 2013 Contract Laws Today in this economy and financially unstable period, it is vitally important for an individual, an entity or organization to understand contract laws prior to entering into any form of contract. When looking at the laws of business there are many categories and an extremely broad range of topics. The topic of contracts within business law is extremely fascinating and very important to understand

    Words: 2118 - Pages: 9

  • Premium Essay

    Contract Law

    CONTRACT LAW KENNETH D ROBINSON JR BUSINESS LAW 311 GARY GENTRY 9 JUNE 2014 Abstract A Body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties is recognized as contract law. Contract law includes topics such as the nature of contractual obligations, limitation of actions, freedom of contract, privity of contract, termination of contract, and covers also agency relationships, commercial paper, and contracts of employment

    Words: 2553 - Pages: 11

  • Premium Essay

    Contract Law

    Mutual Mistakes in Contract Law Caryn Williams Southern New Hampshire Business Law MBA--610-X4247 Geri Drelling July 13, 2014 Mutual Mistakes in Contract Law From a personal perspective, this situation is somewhat close to home. I worked as car sales professional for a year and learned many things about the process. In my opinion, Mr. Hartly should have done a bit more research about the models available. In my experience, the consumers I dealt with were more knowledgeable about the products

    Words: 677 - Pages: 3

  • Premium Essay

    Contract Law

    Contract law is that body of rules that govern contractual agreements between persons or merchants. A contract is basically an agreement between parties outlining their duties and responsibilities to one another. Contracts can be formed for nearly any type of interaction. Thus, contract laws may address various transactions for the sale of goods and services. Contract laws outline what a person can or cannot include in a contract, and what the remedies are if a party breaches their contractual duties

    Words: 351 - Pages: 2

  • Premium Essay

    Rules of Offer and Acceptance in a Contract

    Rules of offer and acceptance in a contract Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person (the "offeror") to another person (the "offeree"), and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations. Offer and acceptance analysis

    Words: 2902 - Pages: 12

  • Free Essay

    Postal Rule

    1 Postal rule is the rule that a contractual offer may be accepted by post and will be deemed accepted at the time the letter is posted. However, some old English cases say that this rule will not apply where one is using almost instantaneous forms of communication. For example, at the time fax and telex were contemplated, but this all was before email. Acceptance by email of a contractual offer will occur when the message is received as that is when it is communicated. However, the competing argument

    Words: 410 - Pages: 2

  • Premium Essay

    Contract Law

    regarding the contract would be handled. Yarner sent back an acknowledgment of the order and provided a clause stating that all disputes must be submitted to arbitration. Terra kept the acknowledgment and didn’t object to the arbitration clause. ISSUE: The first issue is wether, under New York law, the acknowldgement that contains an additional term is binding. The second issue is wether, under New York law, the contract was altered materially making the contract unenforceable. RULES: U.C.C

    Words: 1253 - Pages: 6

  • Premium Essay

    Contract Law

    and Title | Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits | Student Name | Assessor Name | Mukaram Khan Swati | Salman Haider | Date Issued | Completion Date | Submitted On | Validity | 7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 | Assignment Title | Contract and Negligence | Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 | Hand In Policy

    Words: 5420 - Pages: 22

  • Premium Essay

    Contract Law

    Contracts Agreements between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. Nature and Contractual Obligation The purpose of a contract is to establish the agreement that the parties have made and to fix their rights and duties in accordance with that agreement. The courts must enforce a valid contract as it is made, unless there are grounds that bar its enforcement. Statutes prescribe and restrict the terms of a contract where the general

    Words: 12598 - Pages: 51

  • Premium Essay

    Contract Law

    0823530375 Assignment code: l10059182 Subject: Contract Law Section 1 (1) D (2) C (3) D (4) A (5) D (6) C (7) A (8) E (9) A (10) D (11) E (12) A (13) D (14) B (15) E Section 2 A | 5 | B | 8 | C | 7 | D | 9 | E | 2 | F | 10 | G | 6 | H | 1 | I | 3 | J | 4 | Section 3 Question 1 (1) Repudiation or anticipatory breach – An anticipatory breach of contract occurs when one of the parties unlawfully and

    Words: 5013 - Pages: 21

  • Premium Essay

    Contract Law

    | Pages | Contact Documents | 1 | Execution of the Contract | 1 | Requirement of Writing | 1 | Domestic Building Contracts | 2 | Variations | 2 | Question 2 | | How a Court Interprets Ambiguities and Inconsistencies | 2 & 3 | Definitions of Key Words | 3 | Order of Precedence | 3 | The Parol Evidence Rule | 3 | “Maxims” of Construction | 3 & 4 | Relevant Clauses | 4 | Rectification of Contracts | 4 | Criteria for Rectification | 4 | Question

    Words: 3657 - Pages: 15

  • Premium Essay

    Contract Law

    |[pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] | | |Course |LAW1091: Business & Co Law |Course School/Level |BU/UG | |Coursework |Business and company Law |Assessment Weight |100.00% | |Tutor |MF Ottley

    Words: 2059 - Pages: 9

  • Premium Essay

    Law of Contract

    Law of Contract The nature of contract law: The law relating to contracts is a subject matter of private law. The governing law of contracts is the Contract Act 1872, which is predominantly a private law. The public law, however, comes into play when the parties are at breach of contracts. For example, the courts can award damages/compensation for the breach of contract, which is an act of public law. Contract law is part of law of obligation, which has other sources such as law of torts which

    Words: 2809 - Pages: 12

  • Premium Essay

    Law Contract Law Assignment

    Question 1: Ian brings a claim for breach of contract against Ben. Discuss whether Ian and Ben formed an enforceable contract and whether Ian is likely to succeed with his claim An enforceable contract can be described as an agreement that can be enforced by the courts. However there are certain essential elements of a valid and enforceable contract. For this purpose, it is required that one party should make an offer and the other party should accept the offer. Similarly there should be a meeting

    Words: 1092 - Pages: 5

  • Premium Essay

    Contract Law

    Contract Law Name: Institution: Question 2 In instigating a legal redress against the company, Patrick would argue that the company owed him a legal duty to care a reasonable man would consider under the circumstances (Schwartz, Alan, and Robert 542). Patrick would argue that by the company failing to exercise this reasonable duty to care, he suffered actual damages (Schwartz, Alan, and Robert 546). Patrick can sue the company for negligent and claim for damages upon

    Words: 539 - Pages: 3

  • Premium Essay

    Contract of Law

    INTRODUCTION TO THE LAW OF CONTRACT DEFINITION  A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default.  CLASSIFICATION  Contracts may be divided into

    Words: 54394 - Pages: 218

  • Premium Essay

    Rules of Law

    1. Rule of Law:Crime: Forgery The false making of a document. 2. Rule of Law:Crime:Larceny Stealing the personal property of another. 3. Rule of Law:Crime:Theft of services Stealing Services. 4. Rule of Law:Crime:Embezzlement Stealing money entrusted to you. 5. Rule of Law:Crime:Extortion Unlawful obtaining money from another. 6. Rule of law:Crime:Vandelism Willful and malicious destruction of the property of others. 7. Rule of law:Crime: Bribary Offering or receiving something of value

    Words: 988 - Pages: 4

  • Premium Essay

    Contract Laws

    five-thousand dollars. He then tells Dave that a contract would be arriving in the mail and the offer is open for seven days. The contract that Peter has sent to Dave is a unilateral contract (promise for an act) (Clarkson, Miller & Cross, 2012). Peter has made an offer to Dave. Dave can accept the offer by signing and returning the contract to Peter when it arrives. When Dave receives the contract he signs it and mails it back to Peter. The signing of the contract by Dave has put Peter and Dave into an agreement

    Words: 975 - Pages: 4

  • Premium Essay

    Contract Law

    Elements of a Contract By Michael A. Petrat Business Law 206 Most people in our society are involved in contractual agreements of some kind. In most, if not all, aspects of law contracts can be found. Contracts are involved in family law, corporate law, employment law, litigation and real estate. Elements of a Contract: A contract is an agreement reached after sufficient consideration to do, or refrain from doing, some legal action. A contract is considered valid when two or more parties

    Words: 3196 - Pages: 13

  • Premium Essay

    Contract Law

    According to law for a contract to be sufficient but need not be adequate. There are four major elements which is very important in contract laws. First element is offer, whereby there must be an offer offered by the offeror or by offeree to each other which is accepted by the parties and which consequently creates a binding contract; offer is also an expression of willingness to contract done with an intention of creating a binding contract in as soon as the offer is accepted. The nature of offer

    Words: 800 - Pages: 4

  • Premium Essay

    Postal Rule-Contract Law

    BSAD 341: BUSINESS LAW Semester: Fall 2011 Assignment # 2 - Case Study - Contract Law The Postal rule is an exception to the general rule of contract law in regard to the acceptance, which states that “acceptance in not effective until communicated to and received by the offeror”. The postal rule states that, by contrast, that acceptance takes effect when a letter is posted. The rationale given for the rule is that both parties nominates the post office as implied agent and therefore receipt

    Words: 763 - Pages: 4

  • Premium Essay

    Contract Law

    Contract Law Employment Contracts Entry Level vs. Executive Entry Level Contracts The contract that is being introduced is for an entry-level position at Taboo Resort Golf and Spa. The contract itself is very generic and can apply to any entry-level position at the resort. Although the contract does not speak to specific position, it was presented to a future front desk agent. The contract is not lengthy and is divided into sections. This method assures that the future employee is reading

    Words: 2682 - Pages: 11

  • Premium Essay

    Contract Law

    IN BUSINESS AND MANAGEMENT Module: Law for Business The assignment covers the following learning outcomes: Outcome 1: Discuss the principles of law relating to the formation and discharge of commercial and consumer contracts * Identify the requirements for a valid contract * Explain the difference between an offer and an invitation to treat Outcome 2: Explain the significance of specialist terms contained in a specimen contract * Assess the validity of contractual

    Words: 2061 - Pages: 9

  • Premium Essay

    Casses of Contract Rule

    Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 University of London External System This subject guide was prepared for the University of London External System by: u Catharine MacMillan BA (Victoria) , LLB (Queen’s, Canada), LLM (Cantab), Lecturer in Law, School of Law, Queen Mary, University of London and u Richard Stone LLB (Soton), LLM (Hull), Barrister, Professor and Head of Law, Lincoln Law School, University

    Words: 24271 - Pages: 98

  • Premium Essay

    Contract Law, Offer and Acceptance

    Contract Law Notes Contracts ‘A’ Offer - Bilateral contracts - Unilateral contracts - Offers to the public at large What is an offer? - Mere puff - Supply of information - Invitation to treat Categorizing transactions - Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods - Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without

    Words: 20962 - Pages: 84

  • Premium Essay

    Postal Rule

    International Commercial Law and Technology Vol.2,Issue 1(2007) The Postal Acceptance Rule in the Digital Age∗ Dr. Marwan Al Ibrahim Asst. Professor in commercial and Company law, Amman Arab University for graduate studies – Jordan Dr.Ala’eldin Ababneh Assistant Professor in Private Law at Amman Arab University for Graduate Studies-Jordan. Mr. Hisham Tahat PHD student, University of Aberdeen Abstract: This article examines the application of the postal acceptance rule to email acceptances

    Words: 5565 - Pages: 23

  • Premium Essay

    The Postal Rule

    Postal Rule Definition: 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. The postal rule is a concept of contract law that is commonly referred to as the mailbox rule. It was formed at a time when contracting parties did much of their bargaining from a distance. Bargaining at a distance, typically through the mail, created a problem, because the parties could not know at the same time whether they had

    Words: 411 - Pages: 2

+
-