... it might be held that the offer might be revoked at any time until the letter accepting it had actually been received. This is the postal acceptance rule. The rule as accepted in Australia is "Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, 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" (Source: Gibson, A. & Fraser, D. 2003, Business Law, Pearson Education Australia Pty Ltd, Frenchs Forest, NSW.) The rule can easily be excluded by the parties to a contract. The postal acceptance rule can be displaced if the parties either expressly or by implication from the terms of their contract require that acceptance be received by the offeror. The case by which the rule can be excluded is ...

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