Back to category: Miscellaneous

Limited version - please login or register to view the entire paper.

How are offer, acceptances and revocations affected when the postal services are used as a means of communication? Do they differ from the normal rules? Do you consider these rules to be suitable for modern methods of instantaneous communications?

A person is said to make an offer when he or she puts forward a proposal with the intention that on its acceptance, without anything more, a contract will be concluded.
An offer must be clear and a direct approach to another party to contract. Advertisements in store windows or in magazines etc, are not offers, they are called by law ‘invitations to treat.’ This means the shop owner is inviting the public to offer to buy a product which he will then accept. There have been exceptions where contracts have been established valid, much depends on the wording of the advert.
In 1943, the case Goldthorpe v. Logan a woman answered an ad guaranteeing removal of facial hair, the treatment failed and a judge ruled that the ad was an offer, therefore a contract was present.
Acceptance must also be apparent, the offer must be accepted on the exact same terms and conditions on which it was made, otherwise a counter-offer has been made.

Given new forms of communications, including posta...

Posted by: Sylvia Schiavoni

Limited version - please login or register to view the entire paper.