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"The rules on offer and acceptance may have been adequate in the twentieth-century: they are inappropriate for the technologies of the twenty-first". Do you agree? Give your reasons.

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  • Essay length: 2973 words
  • Submitted: 17/09/2004
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University Degree Contract Law

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"The rules on offer and acceptance may have been adequate in the twentieth-century: they are inappropriate for the technologies of the twenty-first".

Do you agree? Give your reasons.

Contract formation in English law generally does not require the use of any particular communication method for making an offer or indicating an acceptance. The rules on offer and acceptance were revisited in the 19th century when it became necessary that reasonable degree of precision and certainty be attained in any legal dealings especially with the growth of business transactions and the need to meet up with the technologies of the time. This led to the evolution of 'postal rule', which states that an acceptance once posted becomes effective rather than when it is received. This was a deviation from the normal way of contract formation, which requires an acceptance to be received before it becomes binding. The rules as we will discover were precise and stipulated a definite approach in determining at what point a contract becomes binding. The purpose of the rule was to create certainty especially in business, however, the consequence of this is that it is often difficult to fit the precise model of

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