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Hi,
The definition for postal rule says that acceptance is valid even if the letter of acceptance is delayed or lost in the post.
But in BPP revision Kit (No.12 Ann’s Art) they said that Dave has not entered into a contract with Ann because his letter was delayed!
Does it mean that if the offer is open for a specified time then acceptance should be comminucated within that time and therefore postal rule may not apply?
Am confused now.
Please help
Thanks
In order for the postal rule to apply, it must be ‘in the resonable contemplation’ of both parties. As all communication had been face to face in this scenario, it could be argued that the postal rule does not apply (which is what the model answer has done). Therefore acceptance must reach the offeror.
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