Q&As

Under the postal rule for acceptance of a contract, what form of evidence is generally accepted to prove that the acceptance was in fact posted?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 30/08/2019

The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Under the postal rule for acceptance of a contract, what form of evidence is generally accepted to prove that the acceptance was in fact posted?

In answering this Q&A, we have set out the general approach to the postal rule and have not addressed any specific considerations that may be relevant for a particular type of notice.

The postal rule is a rule relating to offer and acceptance in contractual matters. The rule applies only where postal use is reasonable: Henthorn v Fraser and provides that acceptance by post takes place when the letter of acceptance is posted, not when it is received or the acceptance comes to the attention of the offeror: Adams v Lindsell (1818) 1 B & Ald 681, 106 ER 250 (not reported by LexisNexis®). It is based upon the notional equation of the posting of a letter with its

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