the general rule about acceptance by silence ZHANG Li Introduction Professor McKendrick in his book writes ‘The general rule is that silence does not amount to an acceptance and this is a good one’. He then gives the reasoning by the sale of unsolicited goods. I agree with this rule and the reasoning given by Professor McKendrick. But I think the reasoning mentioned above is just one situation in the general rule that the
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a. A postal scale for products weighting up to 2 pounds. This would be classified as a homogeneous shopping product class. The accuracy of a postal scale is highly important. If the accuracy is off valuable time and effort as well as cost could be lost. Items being mailed may require extra postage and may not get mailed and returned to the seller to add the extra postage. Or‚ if an item doesn’t have enough postage a customer may be charged to cover the cost of the postage shortage. In the business
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Acceptance An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.” In determining if an offeree accepted an offer and created a contract‚ a court will look for evidence of three factors: (1) the offeree intended to enter the contract‚ (2) the offeree accepted on the terms proposed by the offeror‚ and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional “Mirror Image” Rule
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Indian Postal Service The Department of Posts functioning under the brand name India Post ‚ is a government operated postal system in India; it is generally referred to within India as "the post office". The Indian Postal Service‚ with 155‚333 post offices‚ is the most widely distributed post office system in the world. The large numbers are a result of a long tradition of many disparate postal systems which were unified in the Indian Union post-Independence. Owing to this far-flung reach and
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The Department of Posts‚ trading as India Post‚ is a government-operated postal system in India; it is generally referred to within India as "the post office". As of 31 March 2011‚ the Indian Postal Service had 1‚54‚866 post offices‚ of which 1‚39‚040 (89.78 percent) were in rural areas and 15‚826 (10.22 percent) in urban areas. It had 25‚464 departmental POs and 1‚29‚402 ED BPOs. At the time of independence‚ there were 23‚344 post offices‚ primarily in urban areas. The network has registered a
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established the postal rule which stated‚ acceptance is effective on posting‚ this means in some situations where a letter of acceptance was by post‚ the acceptance will be effective at the time and place of posting even if the offeror has no knowledge of this. The issue in the case of Susan and Manesh is whether the postal rule applies. In the case of Quenerduaine v. Cole it stated where an offer was made by telegram and acceptance by post‚ it was not seen as reasonable that the postal rule should apply
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A man once said‚ "Acceptance is not defeat‚ it is understanding." Ernest Hemingway shows this incredibly well in his novella The Old Man and the Sea‚ where an old Cuban fisherman named Santiago suffers from a streak of bad luck. Santiago‚ for the 85th day without a catch‚ catches a marlin which tugs him out to sea for many a days‚ only for his catch to be eaten by sharks on his trip returning home to Havana. He returns‚ exhausted‚ only to find his young companion at his aid‚ which he responds to
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The Australian postal service In the 1950s‚ Australia’s postal needs were serviced by the PMG (Post Master General). The PMG was responsible for telegraph and home telephone operations‚ as well as postal services. In 1954‚ the PMG began offering the Teleprinter Exchange‚ or Telex‚ to the public. The telex was an electric typewriter that delivered typed messages along telegraph lines. This new technology was a great convenience‚ especially to businesses which no longer had to rely on the slower
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Contract: enforcing bargains made between parties. Requirements for a valid contract • AGREEMENT between the parties • Requirement of CERTAINTY – terms of the contract/what’s going to happen during the life of the contract • INTENTION to create legal relations (formal agreement where they expect the law to be involved) • CONSIDERATION (giving each other party something of value which underlies promise they are making) AGREEMENT: (bargain negotiated between two parties) Looking at it objectively:
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Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation
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