LAW 122 Study Guide - Final Guide: Posting Rule
2 Apr 2017
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Acceptance may occur in a number of ways. Exception: silence plus prior agreement may be acceptance (e. g. book club) Andre left jerry a written offer to buy his ipad as is for 95. Andre"s offer stated: (of jerry doesn"t reject the offer by 7pm tonight jerrry is deemed to have accepted to offer, and there shall be binding. Jerry did not respond prior to 7pm. Rule for instantaneous communication (= no substantial delay): The general rule is communication is effective when received, where received (where the offeror is) and only if received. Implication: no contract until the offeror actually receives the notice of acceptance. Eg. face to face or even by phone call (not really by text) The postal rule provides that the acceptance is effective where and when the offeree sends it (even if not received). Practical advice: always avoid setting up a situation where the postal rule would apply! 3 - maria mails revocation of offer.
