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Words: | Submitted: Fri Apr 01 2005
... it is given to the offeror in response to his offer. Lord Herschell defines the postal rule as: "Where the circumstances are such that it must have been within the contemplation of the parties that ... the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted."1 The postal rule is an exception to the general rule of offer and acceptance as normally there is immediate effect when both offer and acceptance are made via direct communication (i.e. telephone or face to face). The postal rule is in place to deal with a problem caused by the circumstance of postal or 'long distance' contractual agreements. The case of Entores Ltd v Miles Far East Corporation2 is an important case when considering the postal rule and its application. The dictum of Denning L.J suggests two important facts; firstly, a ...
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