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offer acceptance problem (Read 4341 times)
TH14
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offer acceptance problem
Apr 21st, 2004 at 8:21pm
 
hi guys, i have a bit of a contracts poser regarding offer and acceptance, i'd appreciate any thoughts.

offer is made by fax.  electrical storm prevents any form of electronic ommunication i.e. fax, email, ignore mobile phone.  acceptance is made via post. 

is acceptance valid?  i thought so till i read in a book that offers made via fax cannot be accepted via post but it didnt elaborate.  does anyone know any more about this?

thanks
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johnmcg
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Re: offer acceptance problem
Reply #1 - Aug 28th, 2004 at 1:34pm
 
Postal acceptance rules applies to the 'mail'.  If an offer has been made, accepted, consensus in idem is present then there is indeed a contract.
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Ulysses
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Re: offer acceptance problem
Reply #2 - Aug 29th, 2004 at 10:56pm
 
Just out of interest, if you want to give a comparative view on your problem, in English law the postal rule is,

Adams v Lindsell,

further clarification on how this applies to electronic and instantaneous communication is found,

Entores v Miles Far East.

Interesting cases - might be worth a read.
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scottishlaw
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Re: offer acceptance problem
Reply #3 - Aug 29th, 2004 at 11:46pm
 
Actually - that's a point - isn't the real issue whether a contract has been formed - not necessarily whether you sent the reply by pigeon or by post.

So presumably, provided all of the components of forming a contract are there  - agreement, communication of agreement, etc. then you're okay. 

The issue of the method of communication of acceptance only really becomes relevant when you're trying to work out when the contract was created - presumably because the offeror claims they withdrew the offer before it was accepted. 

Remember these are academic questions - and quite often the reason that you've not found an answer is that they're based on a number of academic assumptions that haven't/wouldn't happen in practice!
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