Established the postal rule.
Plaintiff - Adams [ Woollen manufacturers ]
Defendant - Lindsell [ Dealers in wool ]
1. Sale of wool.
2. [Sept2] Lindsell wrote to Adams, offering to sell wool, requiring them to reply in post.
3. Lindsell misdirected the letter to Bromsgrove Leceister, instead of Bromsgrove Worcestershire so; plaintiff only received the letter it on [Sept5] 7.00pm."
4. Adams wrote a letter accepting the offer on the same day [Sept5] but letter wasn't received by D till [Sept9]
5. Lindsell sold the wool on [Sept8] as they expected an answer by [Sept7] but did not receive any.
Defendant held liable ; because it was his fault that he misdirected the letter, or else the plaintiff may have been able to reply them by September 7th.
*Lindsell wrote in the letter : "We now offer you eight hundred tons of wether fleeces, of a good fair quality of our country wool, at 35s. 6d. per ton, to be delivered at Leicester, and to be paid for by two months bill in two months, and to be weighed up by your agent within fourteen days, receiving your answer in course of post."
Q: Was a contract of sale entered into before [Sept8] when the wool was sold ?
Yes, a valid contract came into existence the moment the letter of acceptance was put into the post box.
( . Y . )
ReplyDeleteThe rule of acceptance vary from country to country e.g if we talk about USA , when the plaintiff posted the acceptance and it is in post box the contract is made but talking about Pakistan if the acceptance letter is in post box and acceptance is not yet received by the defendant and the plaintiff write letter for disagreement and this disagreement reach to defendant before the acceptance letter the contract is not made. But in both cases the defendant is legally bound to perform his act of sale when the offer is once made and he can't withdraw his offer then. :)
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