Postal rule

Question 1

Adams v Lindsell (1818)

Answer 1

the defendant, Linsell, sent an offer to sell wool to the plaintiff, Adams, via post. The letter containing the offer was delayed in transit. Adams accepted the offer immediately upon receipt, but Linsell argued that the contract was not formed as the acceptance was made after the letter was sent. The court ruled in favor of Adams, establishing that a contract is formed when acceptance is posted, not when it is received.

Question 2

Henthorn v Fraser

Answer 2

the claimant, Henthorn, accepted an offer made by the defendant, Fraser, for the sale of property. The acceptance was sent by post, but it was delayed. The issue in the case was whether the contract was valid upon posting the acceptance or only upon its receipt. The court ruled that, under the “postal rule,” the contract was formed when the acceptance was posted, not when it was received by the offeror.

Question 3

The Brimmes [1975]

Answer 3

In The Brimnes [1975] QB 929, the defendants withdrew a ship by sending a notice via telex during office hours. The claimants did not read the message until the next day and argued it was not effectively communicated. The court held that the telex was effective when it was received during office hours, not when it was read.