Relevance of the postal rule of acceptance - UK Essays.
Contract law is an integral part of the business environment. Contract law dissertation topics discuss the myriad elements of the discipline, ranging from small to big businesses as well as relevant and trending issues specific to current transnational contexts.
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Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations. First, we will examine the first part of what.
With reference to the above scenario, critically discuss the importance of instant and electronic communications in contract law and how this may affect the “postal rule”, if at all. Answer: There are generally four elements required to form a contract; offer and acceptance, certainty, an intention to create legal relations and.
Most scottish texts appear to say that the postal rule DOES apply to email as it is not an instentaneous method of communication as delays or non-delivery can occur. However, other texts argue that email is an instantenous method and therefore the postal rule does not apply, meaning that an acceptance sent vie email is valid as soon as it it available to be read (ie in the recepients inbox).
The rule means that when a contract is accepted by post, sending the letter creates the contract. The post office receiving the letter forms the contract, rather than you receiving their acceptance. This is an exception to a major principle that covers other contracts that you engage in; that acceptance actually has to be communicated. Critically, this only applies to post, and not other forms.
But what constitutes a “reasonable” acceptance will vary according to the contract. Some offers may only be accepted by the performance or non-performance of a particular act. Once formed, these types of agreements are called unilateral contracts, and they are discussed more fully later in this essay. Other offers may only be accepted by a return promise of performance from the offeree.