Postal Rule Essay

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Should Postal Acceptance Rule be discarded? Introduction: In the following text we will reflect upon the Postal Acceptance Rule in the British Jurisdiction and will analyse its effect on landmark cases and their decisions. In this work, we will also mention the issues related with this rule and will try to clear the ambiguity present in this rule. In the end we will conclude concurring to our analysis and will form an answer through our collective knowledge and synthesis. Additional to the introduction, Postal acceptance rule belongs to one of the most important elements of formation of a contract i.e. communication. Communication is defined in Section 4 of the Indian Contract Act 1972 states: “the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made”. The statement increases the gravity towards the rule and shows the importance of communication in a contract. Background: The postal acceptance rule or the mail box rule states that an acceptance is binding and the contract is said to be perfected when the acceptor places an object/material of acceptance in the mail box for return mail even if, in case, the reply never reaches the offeror. The postal acceptance rule, as it says, only applies to the acceptance of a contract, not in any other situation. Even a letter of revocation sent before the letter of acceptance becomes worthless if the offeree does not receive notification of the revocation before the offeree sends the letter of acceptance. As soon as a party sends the mail i.e. drops it in the letter box, the party becomes duty free as they have done their job. This rule also states that the contract is binding even if the postal service misplaces or delays the acceptance letter. For the parties situated far away, postal acceptance rule is undeniably required so as to make sure that if parties suffer losses

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