Tuesday, February 5, 2019
The Postal Acceptance Rule Essay -- Business Law
occupyual organization has always been viewed in terms of offer and acceptance. The world-wide principle to contract integrity has always been parties may get into an agreement in whichever way they deem fit and they are subject to real terms as they choose. As far as legal requirements resilient to their makeup are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of musical composition or in verbal form. virtuoso of the controversial issues in the uprightness of contract formation has always been the issue of distance contracts. Matters regarding to the types of radiation patterns that should be habit to govern this type of contracts have always been a topic of debate. One of these rules includes the age old Postal acceptance rule also cognise as the postal rule or the Mailbox rule. This penning seeks to examine the justification of the postal acceptance rule and its place in the modern world with the emergence of electronic means of communication scene Postal acceptance rule dates back in 1818 when it was established in a court case of (adam v lindsell) In this case the write in code had to reach a verdict on the moment of contract formation by post. Apparently the courts found out that the parties communicating acceptance through and through post office were never certain at the exact season the acceptance had been sent. Since postal communication is subject to delay, the involved parties could never be simultaneously aware of the acceptance of the communication, that is, the communication was non instantaneous. As a prove this created a series of problems that in turn led to the formation of the postal acceptance rule that still is in so much use todayThe postal acceptance ruleThe postal acceptance rule as accepted in the law legal systems... ... Journal (1997) 13.poggi, chrisopher T. electronic commerce legislation An analysis of European and American approaches to contract formation. Virginia diary of world(prenominal) (n.d.).rule, The electronic formation of contracts and the common law mailbox. baylor law review. 8 april 2004.scott, Dave. Should the postal acceptance rule be applied t email. 8 april 2012 .T, Poggi and Christopher. Electronic Commerce Legislation An analysis of European and American Approaches to Contract Formation. Virginia Journal OF International Law (2000) 224.watnick, valerie. THE ELECTRONIC FORMATION OF CONTRACTS AND THECOMMON law of nature mailbox rule. 6 november 2004.Yamaguchi, mikio. The problem of delay in the Contract formation Process A comparative study of contract law . cornell international law (2004) 357.
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