Law - postal rule and receipt rule

2008-09-21 11:32 pm

if there is an offer between A and B, A if the offeror, and B is the offeree. B sent fax to A within the time limit to accept it. Also, B sent SMS to A. However, due to the accident, the fax and SMS disappeared, A couldn't read them.

我想問, 咩時候算係A收到B的acceptance? 當B sent fax and SMS to A? or 當 A read them?

Thank you.

回答 (1)

Kenzzz_ch

2008-09-23 8:19 am

✔ 最佳答案

Answer: when A reads them.

The one weird rule in common law is the Postal Acceptance Rule, which states that if an acceptance is posted, the acceptance is deemed to be received by the offeror at the time the letter is posted.

This rule applies only to letters.

For other modes of communications such as SMS and facsimile, the law is that acceptance is communicated only when the offeror actually receives it.

Therefore, acceptance is communicated only when A receives the SMS and fax. In other words, no acceptance was communicated to A.

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