''In re Imperial Land Company of Marseilles, ex parte Harris'' (1872) Law Rep. 7 Ch. App. 587, also known as Harris's case, is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case. It reconfirmed the

postal rule The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when com ...

of ''

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 ...

'' (1818).

Facts

Mr Lewis Harris, of 19 Suffolk Street,

Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...

, posted a letter applying for shares in the company. It was received by the directors in their Lombard Street office in

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

. They appointed a committee which allotted 100 shares to him. The company secretary wrote back telling Mr Harris, and that 10% interest would be payable for the price of the shares not yet paid up. Before the letter arrived with Mr Harris, he had sent another letter saying actually, he did not want to accept any shares.

Judgment

The court held that a contract was complete when the secretary posted the letter accepting the application for shares. Mellish LJ ascribed the

to the extraordinary and mischievous consequences which would follow if it were held that an offer might be revoked at any time until the letter accepting it had been actually received. Moreover, where it is expressly or impliedly stated in the offer that you may accept the offer by posting a letter, the moment you post the letter the offer is accepted. You are bound from the moment you post the letter, not, as it is put here, from the moment you make up your mind on the subject.See also, per Lord Blackburn, '' Brogden v. Metropolitan Railway Company'' Sir W. M. James concurred.

References

{{Reflist 1872 in case law 1872 in British law English agreement case law Court of Chancery cases