Postal Rule

Question 1

Household Fire Insurance v Grant (1879)

Answer 1

the postal acceptance rule will only prevail
where post was reasonably contemplated by the parties.

Question 2

Adams v Lindsell (1818)

Answer 2

the postal acceptance rule (acceptance is complete when
posted) was established

Question 3

Henthorn v Fraser (1892)

Answer 3

postal rule only applies when it is reasonable to use post.

Question 4

Holwell Securities v Hughes (1974)

Answer 4

the postal acceptance rule did not apply since the
offeror did not intend that it would apply

Question 5

Entores v Miles Far East Corp (1955)

Answer 5

for modern forms of communication, it is the
receipt rule that applies and not the postal rule

Question 6

LJ Korbetis v Transgrain Shipping BV (2005)

Answer 6

the offeror may accept the delay
occasioned by post but not the carelessness of the offeree (if the letter is improperly
addressed or stamped the postal rule will not apply)

Question 7

Brinkibon Ltd v Stahag Stahl (1982)

Answer 7

for modern forms of communication, it is the receipt
rule that applies

Question 8

Thomas v BPE Solicitors (2010) (obiter)

Answer 8

the postal rule ought not to apply to contracts
concluded by email