How does the postal rule apply to accepting and terminating contracts?

For a contract to be valid there needs to be both offer and acceptance. Therefore, a contract cannot be enforced unless it is accepted.
The postal rule states that an offer is deemed to be accepted from the time the acceptance was posted, presuming that a response via the post was in reasonable contemplation of the parties. This means that if A sends an acceptance of B's offer in the post on Tuesday, but B never receives the acceptance because it gets lost in the post, or he does not check his letter box, then B's offer was still accepted by A on Tuesday. There is no requirement for that letter to have ever actually have been received by B.
However, if B wishes to terminate the contract, and does so by post, this termination will not be valid until it is actually received by A.
In sum, to accept an offer A simply needs to correctly post the acceptance. To terminate a contract the termination actually has to be received.

Answered by Law tutor

5361 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

Critically analyse the offence of assault occasioning actual bodily harm under s 47 of the Offences Against the Person Act 1861.


Discuss Roz’s possible criminal liability for property offences arising out of her dealings with Nick and in connection with the umbrella.


Describe the Golden Rule used in statutory Interpretation?


Is the law on non-fatal offences in need or urgent reform?


We're here to help

contact us iconContact usWhatsapp logoMessage us on Whatsapptelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

© MyTutorWeb Ltd 2013–2024

Terms & Conditions|Privacy Policy