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Postal Acceptance Rule

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  • Essay length: 1650 words
  • Submitted: 27/09/2004
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AS and A Level Law of Contract

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Postal Acceptance Rule

Contract is formed at the time and place an acceptance is communicated to the offeror. An acceptance must correspond to the offer. There is no particular method of acceptance prescribed by law. The appropriate method of acceptance will depend on the fact of each situation. The offerees may find themselves faced with two types of situation. First the offer may dictate a method of acceptance. It may indicate that acceptance should be sent by return fax by a certain date. The second broad category is where there is no indication in the offer of an appropriate method of acceptance. The general rule followed by offeree is that acceptance may be given by the same or an equally expedient method as adopted for the making of the offer. Hence it follows that until the acceptance is received by the offeror the offer may be revoked.

In the late 19th century an exception to the general agreement for communication of an acceptance arose in order to avoid the extraordinary and mischievous consequences that would follow if it might be held that the offer might be revoked at any time until the letter accepting it had actually been received.

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