In Holwell Securities Ltd v Hughes 5 case, the general rule exception was recognized in this case. This case is a good example of the objective approach. Although the letter was published on 8 October the revocation was only valid until the letter was received by the claimant. The court held that the revocation was not effective until the letter was received by the claimant on 20th October. Later on, the defendant sent another letter of revocation of the contract and it was received by the claimant on 20th October. After receiving the letter claimant sent an immediate acceptance letter. In Byrne v leon Van Tien Hoven 4 case, the defendant sent an offer to the claimant and the claimant received the offer on 11th October. There is a certain condition that needs to be satisfied before it falls under the postal rule. So with this case, we can conclude that if there is any instantaneous communication like telephone and telex and if two people make a contract by one of it and the line goes ‘dead’ so that the acceptance is incomplete, then the offeror must communicate with the acceptor and confirm that was he accept the offer or not. In the case of Entores v Miles Far East Corporation 3 case, the court held that if any person gave oral acceptance and if it was drowned out an overflying aircraft such acceptance may not be heard by the offeror that’s why when the aircraft has passed over the acceptor need to repeats his 1 Felthouse v Bindley (1862) 11 CB (NS) 869 2 Re London and Norther Bank (1900) 3 Entores v Miles Far East Corporation 2 QB 327Īcceptance to the offeror. There is some case also where the postal rule did not apply. But if any offer is done by face-to-face conversation and the acceptance is posted at that time, then it will not be applicable. If the conditions of a postal rule are not fully fulfilled then the postal rule is not applicable. In this case, the letter was correctly stamped and addressed. In the case of Re London & Norther Bank 2 Evidence of proper posting can be seen in this case. There is a case relating to this rule, "Adams v Lindsell" The proper postal rule methods must be used. This rule is only applicable for those contracts which have been offered are made through letters. But this rule is not applicable for all situations rather in some specified cases. The acceptance is done before it's reaching to the offeror and it will also be considered as a valid one. It means when the offer is given, it does not accept immediately rather it is posted. There is an exception of acceptance which is known as the 'postal rule'. This rule is made for given protection to the offeror as he can know that his offer has been accepted. The communication of acceptance is very important for every contract because acceptance is considered effective when it is actually and properly communicated to the offeror or any agent who is authorized by him. The court held that there was no contract between them because the nephew did not give any answer. There is a case regarding this, "Felthouse v Bindley" 1, a letter was given to a nephew by his uncle offering to buy a horse and if his nephew did not answer within two weeks then the offer would be terminated. Silence is not counted as acceptance according to the law. Any agent of the offeree can accept the offer. But on behalf of the offeree, any person who is authorized can accept the offer. The offer which is made by the offeror is only accepted by that person toward whom the offeror made the contract. If an offer is accepted by any condition, then it will be considered null. The acceptance must be communicated and there are so many rules regarding this. According to the law, the acceptance is considered valid when the contract is made expressly. Bur without reaching the contract to the offeror, it will not be counted as effective. Acceptance can be done by expressing in words (oral) or by written or by conducts. For this, there is needed consideration like money or other valuable things, etc. Acceptance is done by the offeree after agreeing on the terms which are made by the offeror in the contract. If the offeree accepts the offer made by the offeror, then it will be considered as a contract according to law.
An offer is given first to anyone and wished for accepting the offer which is given by the offeror. A contract cannot be done without actual communication to the offeror. 1 I do not agree with the statement because according to section 7(a) of the Contract Act, 1872 acceptance must be absolute and qualified and in the case of a postal rule when the acceptance is posted, it will be considered as effective.
0 kommentar(er)
