Acceptance sent through email; is the postal rule applicable?

Defossez, Delphine (2019) Acceptance sent through email; is the postal rule applicable? Revista de Direito, Estado e Telecomunicacoes = Law, State and Telecommunications Review, 11 (1). pp. 23-46. ISSN 1984-9729

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Official URL: https://doi.org/10.26512/lstr.v11i1.24847

Abstract

Purpose - This paper focuses on the application of the postal rule to email, due to the controversy surrounding the application of the “instantaneous” test to emails. Methodology/approach/design - This article analyses standards and literature on the formation of contract under English law. Findings - Although the postal rule is an invention of its time, this rule could still play a role regarding emails. Indeed, due to the difficulties in applying the “instantaneous” test to emails, emails would still be subject to the postal rule. Of course, the postal rule in its current form is no more fitting the reality. However, the benefits that such rule provides should not be lost, instead a new rule could be drafted based on the postal rule. Practical implications - This article discusses the possible improvements to the already existing framework. Originality/value - This paper analyses the use of the postal rule to electronic contracts in the UK, a topic that is not much researched but could have great importance when doing electronic business.

Item Type: Article
Uncontrolled Keywords: Postal rule, Emails, Contract Law, Acceptance.
Subjects: M200 Law by Topic
M900 Other in Law
P900 Others in Mass Communications and Documentation
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 18 May 2020 12:39
Last Modified: 18 May 2020 12:45
URI: http://nrl.northumbria.ac.uk/id/eprint/43159

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