LAWS 3003 Lecture Notes - Lecture 3: Gijsbert Van Tienhoven, Fiduciary, Posting Rule
Document Summary
The offeree must mentally accept the offer, and must communicate acceptance. There should be a clear and unequivocal yes (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) All instantaneous or near instantaneous forms of communication. Must be communicated to the offeror the one exception only is the contract made through the post: postal acceptance rule. Most post offices are protected by liability, they have statutory immunity. Where was the contract dispute resolved, an english company vs an austrian company which wants the jurisdiction to be disputed in favor of the austrian civil code law (cid:1) This was a contract for the sale of steel. The sellers sent a telex message on day one and it was received on the buyers machine in london. The dispute the house of lords had to resolve was: The buyers were saying the contract was made in london. The sellers were saying the general rule applies, contract is made when acceptance is received.
