LAW 122 Lecture Notes - Lecture 15: Fax, High Tech, Posting Rule
1 Oct 2017
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There are at least two ways in which acme corp can sell its widgets in manitoba without violating the contracts enforcement. First, acme corp could ensure that its newspaper and web site advertisements contain offers and not merely invitations to treat. It could then insist that acceptances be communicated by mail. Under the general rule, a posted acceptance is effective when and where it is sent. For customers in manitoba, that would mean that the contracts would be created in that province rather than in. Second, acme corp could ensure that its newspaper and web site advertisements contain invitations to treat and not offers. Any communications that it received from customers in manitoba therefore would be offers that would be open to its own acceptance. It could then communicate its acceptance in an instantaneous manner (eg by telephone or perhaps fax). Under the general rule, an acceptance communicated by instantaneous communication is effective when and where it is received.
