澳洲莫道克大学代写assignment:邮政规则
Keywords: 澳洲莫道克大学代写assignment
邮政规则是接受要约的另一种手段。这是一套规则,管理时,接受的沟通已发送的职位,并用于解决任何争端,有怀疑的有效性的沟通要约。一般的规则,已经通过在英国法关于验收通过后由亚当斯五世素的情况下。[ 1 ]本案涉及提供出售羊毛原告被告,并要求邮寄回复。原告的信件被延迟在邮政,因此被告出售羊毛给其他人,相信原告不再感兴趣的交易。然而,法院听取了原告在收到要约的当天发了一封回复函,因此法院认为有强制执行的合同。这一决定背后的原则是,一个接受要约的沟通有效,一旦它是由受要约人发布,而不是当它收到和打开的要约人。这个原则允许一方仍然有权执行一个可执行的合同,即使程序的事情被推迟超出其控制。它有效地使受要约人的任何责任一旦接受信已经张贴到要约人,和地方的责任人要满足合同约定的程序要求。当看到亚当斯五世素如果要约人不等待一个合理的时间确认期,随后将该商品或服务,那么他们可能如果碰巧确认到达后一阶段负责。
澳洲莫道克大学代写assignment:邮政规则
The postal rule is an alternative means of accepting an offer. It is a set of rules that govern whenever communication of acceptance has been sent by post, and are used to resolve any disputes where there is doubt as to the effectiveness of the communication of the offer. The general rule that has been adopted under English law in regards to acceptance by post is given by the case of Adams v Lindsell.[1] This case involved the defendants offering to sell wool to the plaintiffs, and asking for a reply by post. The plaintiffs’ letter was delayed in the post, and hence the defendants sold the wool to someone else, believing that the plaintiffs were no longer interested in the deal. However, the court heard that the plaintiffs had sent a letter of reply on the same day they received the offer, and hence the court held that there was an enforceable contract. The principle behind this decision was that a communication of acceptance of an offer becomes valid once it is posted by the offeree, not when it is received and opened by the offeror. This principle allows for a party to still have rights to an enforceable contract even where the procedural matters are delayed beyond their control. It effectively exonerates the offeree from any liability once a letter of acceptance has been posted to the offeror, and places the onus on the offeror to satisfy the procedural requirements of the contract. As was seen in Adams v Lindsell if the offeror does not wait for a reasonable period of time for confirmation, and subsequently disposes of the goods or services, then they may be liable if it so happens that the confirmation arrives at a later stage.