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Dunlop V Higgins
''Dunlop v Higgins'' 1848) 1 H.L.C. 381was an early decision confirming the postal rule in the Scots law of contract formation. The decision was based on the earlier case of '' Adams v. Lindsell''. Facts Dunlop & Company offered by post to sell 2,000 tons of pig-Iron at some price. The offer was sent on 28 January 1845. It reached Higgins on 30 January 1845. Higgins posted the letter of acceptance the same day but the defendant received it on 1 February 1845 with some delay. The defendant refused to supply the goods, because the prices had increased. Judgment It was held that the acceptor was not responsible for any delay in the course of the transit. Hence there was a binding contract. The posting of a letter accepting an offer constitutes a binding contract even if the letter never arrives due to the fault of the post office. See also *Offer and acceptance *Mailbox rule *''Adams v Lindsell'' *'' Household Fire Insurance Co v Grant'' *''Henthorn v Fraser ''Henthorn v Fra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mailbox Rule
Mailbox may refer to: * Letter box (also known as a letter plate, letter hole, deed or mail slot), a private receptacle for ''incoming'' mail * Post box (also known as a drop box), a public receptacle for ''outgoing'' mail ** Pillar box, a freestanding post box in the United Kingdom and the Commonwealth * Email box, a destination for electronic messages * Mailbox (application), email management software for mobile devices * Mailbox Birmingham, a retail complex in Birmingham, England * ''The Mailbox'' (film), a short movie by the Church of Jesus Christ of Latter-day Saints * Message queue, a means of interprocess communication in software engineering * Pigeon-hole messagebox, also known as a cubbyhole, pigeon-hole or pidge * a square-centric method of addressing a game board in game playing computer automatons - see Board representation (computer chess) See also * * Mailbox baseball * Mail (other) * Box (other) A box is a container or package, usually with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V
Adams may refer to: * For persons, see Adams (surname) Places United States *Adams, California *Adams, California, former name of Corte Madera, California *Adams, Decatur County, Indiana *Adams, Kentucky *Adams, Massachusetts, a New England town **Adams (CDP), Massachusetts, the central village in the town *Adams, Minnesota * Adams, North Dakota *Adams, Nebraska * Adams, New Jersey * Adams (town), New York ** Adams (village), New York, within the town * Adams, Oklahoma *Adams, Oregon * Adams, Pennsylvania, a former community in Armstrong County *Adams, Tennessee *Adams, Wisconsin, city in Adams County *Adams, Adams County, Wisconsin, town * Adams, Green County, Wisconsin, town * Adams, Jackson County, Wisconsin, town *Adams, Walworth County, Wisconsin, unincorporated community *Adams Center, Wisconsin, a ghost town Elsewhere *Adams (lunar crater) *Adams (Martian crater) *Adams Island, New Zealand, one of the Auckland Islands *Adams, Ilocos Norte Transportation ;Vehicles *Adams ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mailbox Rule
Mailbox may refer to: * Letter box (also known as a letter plate, letter hole, deed or mail slot), a private receptacle for ''incoming'' mail * Post box (also known as a drop box), a public receptacle for ''outgoing'' mail ** Pillar box, a freestanding post box in the United Kingdom and the Commonwealth * Email box, a destination for electronic messages * Mailbox (application), email management software for mobile devices * Mailbox Birmingham, a retail complex in Birmingham, England * ''The Mailbox'' (film), a short movie by the Church of Jesus Christ of Latter-day Saints * Message queue, a means of interprocess communication in software engineering * Pigeon-hole messagebox, also known as a cubbyhole, pigeon-hole or pidge * a square-centric method of addressing a game board in game playing computer automatons - see Board representation (computer chess) See also * * Mailbox baseball * Mail (other) * Box (other) A box is a container or package, usually with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V Lindsell
''Adams v Lindsell' is an English contract case regarded as the first case towards the establishment of the "postal rule" for acceptance of an offer. Ordinarily, any form of acceptance must be communicated expressly to an offeror; however, it was found that where a letter of acceptance is posted, an offer is accepted "in course of post". Facts The case involved two parties in the sale of wool. On 2 September, the defendants wrote to the plaintiffs offering to sell them certain fleeces of wool and requiring an answer in the course of post. The defendants misdirected the letter so that the plaintiffs did not receive it until 5 September.Beale (2002) p.221 The plaintiffs posted their acceptance on the same day but it was not received until 9 September. Meanwhile, on 8 September, the defendants, not having received an answer by 7 September as they had expected, sold the wool to someone else. The defendants argued that there could not be a binding contract until the answer was act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Household Fire Insurance Co V Grant
''The Household Fire and Carriage Accident Insurance Company (Limited) v Grant'' (1878–79) LR 4 Ex D 216 is an English contract law case, which concerns the "postal rule". It contains an important dissenting judgment by Bramwell LJ, who wished to dispose of it. Facts Mr Grant applied for shares in the Household Fire and Carriage Accident Insurance Company. The company allotted the shares to the defendant, and duly addressed to him, posting a letter containing the notice of allotment. The letter was lost in the post and he never received the acceptance. Later the company went bankrupt, and asked Mr Grant for the outstanding payments on the shares, which he refused saying there was no binding contract. The liquidator sued. The question was whether Mr Grant's offer for shares had been validly accepted and as such whether he was legally bound to pay. Judgment Thesiger LJ for the majority held that there was a valid contract, because the rule for the post is that acceptance is ef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henthorn V Fraser
''Henthorn v Fraser'' 8922 Ch 27 is a decision of the Court of Appeal of England and Wales dealing with the postal rule in English law of contract formation. Facts The defendant and the claimant were situated at Liverpool and Birkenhead respectively. The defendant called at the office of the claimant in order to negotiate the purchase of some houses. The defendant handed the claimant a note giving him the option to purchase some houses within 14 days. On the next day, the defendant withdrew the offer by post, but his withdrawal did not reach the claimant until 5 P.M. Meanwhile, the claimant responded by post with an unconditional acceptance of the offer, which was delivered to the defendant after its office had closed. The letter was opened by the defendant the next morning. Judgement The Court of Appeal ordered that the claimant was entitled to specific performance. Lord Herschell argued: "Where the circumstances are such that it must have been within the contemplation of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1848 In Case Law
1848 is historically famous for the wave of revolutions, a series of widespread struggles for more liberal governments, which broke out from Brazil to Hungary; although most failed in their immediate aims, they significantly altered the political and philosophical landscape and had major ramifications throughout the rest of the century. Ereignisblatt aus den revolutionären Märztagen 18.-19. März 1848 mit einer Barrikadenszene aus der Breiten Strasse, Berlin 01.jpg, Cheering revolutionaries in Berlin, on March 19, 1848, with the new flag of Germany Lar9 philippo 001z.jpg, French Revolution of 1848: Republican riots forced King Louis-Philippe to abdicate Zeitgenössige Lithografie der Nationalversammlung in der Paulskirche.jpg, German National Assembly's meeting in St. Paul's Church Pákozdi csata.jpg, Battle of Pákozd in the Hungarian Revolution of 1848 Events January–March * January 3 – Joseph Jenkins Roberts is sworn in, as the first president of the inde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
