单词 | postal acceptance rule |
释义 | postal acceptance rule postal acceptance rule an offer is accepted when the acceptance is posted: Entores v. Miles Far Eastern Corporation [1955] 2 QB 327. This means that a binding contract is formed and, accordingly, the person who made the offer cannot sell to another without being liable in damages for breach of contract. The acceptor is bound but may be able to withdraw his acceptance if he can communicate this before the acceptance reaches the person who made the offer. It has been held in England that an acceptance that never actually came out of the other end of the postal system was effective: Household Fire Insur- ance v. Grant (1879) 4 Ex D. 216. This extreme position has been ques- tioned in Scotland: Mason v. Benhar Coal Co. (1882) 9 R 883. There are some decisions against the rule in the USA: Rhode Island Tool Co. v. United States 130 Ct Ct 698. |
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