Relevance of the postal rule of acceptance

Relevance of the postal rule of acceptance Write an assignment on the rationale relevance of the postal rule of acceptance in the 21st century by analyzing the possibility of acceptance by post according to the current practice. A formation of a contract requires an agreement, it follows that, in order for such agreement to be reached, there must be an offer made by one party which is accepted by the other. An acceptance is that, a final and unqualified expression of assent to the terms of an offer. To discover whether an agreement has been reached under a classical contract theory, an acceptance which matches the offer that has been made is required. In regards to an acceptance, the mode or communication of an acceptance can be broken down into a various components depending on the circumstances. An acceptance can be made or communicated through conduct, silence, private courier, internet transaction, electronic communication and last but not least, by post. In this modern world, communication can take in many forms. That being said there might be delayed in between the sending of an acceptance. The rule applied here is that no communication is effective until it is received and understood by the person to whom it is addressed. This however, does not apply to the postal rule. The postal rule is an exception to the general rule an acceptance must come to the attention of the offeror. Basically, this rule can be defined as a rule of contract of law that makes an exception to the general rule and the principle stated was that, a contract is formed as soon as the letter of acceptance is posted, rather than when they are communicated. The rule is designed to remove uncertainty from the contract formation process. It provides the offeree with confidence that an acceptance once posted will be effective, even if the postal system delays delivery of the acceptance beyond the offer date. The main reason for this rule is historical, at the the tim e when postage of a letter is slower and less reliable than it is today, in the 21st century. In the practical implication of the postal rule today, it is easier to prove that a letter of acceptance has been sent than to prove whether it has been received or reached the attention of the offeror. The postal rule was established around the 19th century, as can be seen in the case of Adam v Lindsell. The fact of the case in brief; the defendant sent a letter to the plaintiff offering wool for sale, and asking for a reply in course of post. The letter than was misdirected by the defendant, and arrived later than it would have been. The plaintiff replied at once accepting, but the defendant, having decided that because of the delay the plaintiff were not going to accept, had already sold the wool elsewhere. The plaintiff then sued for breach of contract. The court held that to require a posted acceptance to arrive at its destination before it could be effective would be impractical and inefficient. It would be much better if, as soon as the letter of acceptance is posted, the acceptor could proceed on the basis that a contract had been made, and then take action accordingly. The plaintiff therefore succeeded: the defendant was in breach of contract. The offeror, to have a change in mind or a withdrawal of the offer, or made an offer with someone else is possible but nevertheless, the court looked into the conduct business would be better served by giving the offeree certainty, thus the postal rule was created. In addition, acceptance is also effective on posting, even when the letter is lost in the post. It does not matter that the letter is delayed in post, the offeror is still bound. In this case, Mr. Grant applied for shares in the Household Fire and Carriage Accident Insurance Company. A letter of allotment then was posted to the defendant, but it never reached him. When the company went bankrupt, Mr. Grant was sued for the outstanding payments on the shares, the issue here was, whether Mr. Grants offer for shares had been validly accepted, and whether there was a binding contract for him to settle the payment. It was held that there was a valid contract, because the rule for the post is that acceptance is effective even if the letter never arrives. There is difference between acceptance and revocation of an offer by post. Acceptance of an offer takes place when a letter is posted while revocation of an offer takes place when the letter is received. (Facts: Defendants mailed offer to sell tin plates to Plaintiffs on October 1. Offer was received by Plaintiffs on October 11 and immediately accepted via telegram on the same day; acceptance was subsequently confirmed by Plaintiffs by letter on October 15. Defendant mailed a revocation of offer on October 8, which was received by Plaintiffs on October 20, after Plaintiffs had already made assurances to sell the tin plates to another party. Plaintiffs brought action against Defendant for breach of contract and failure to deliver.) However, there are some limitations to the postal rule. First, it can only apply to acceptances and not to any other type of communication for example an offer or a revocation. Second, it only applies to letters and telegrams. It does not apply to instantaneous methods of communication such as telex or probably, fax or email. Besides that, it must also be reasonable to use the post as the means of communication, for example, an offer by telephone or by fax might indicate that a rapid method of response was required. Moreover, letters of acceptance must be properly addressed and stamped. Lastly, the rule is easily displaced, for example, it may be excluded by the offeror either expressly or impliedly. In Holwell Securities Ltd v Hughes, it was excluded by the offeror requiring notice in writing. It was also suggested by the court that the postal rule would not be used where it would lead to manifest inconvenience. The question should ask in this circumstances is can a letter of acceptance be cancelled by actual communication before the letter is delivered? There is no direct English authority on this point. The argument against is because once a letter is posted, the offer is consider accepted and there is no provision in law for revoking an acceptance. This point is supported by the New Zealand case of Wenckheim v Arndt and the South African case of A to Z Bazaars (Pty) Ltd v Minister of Agriculture (1974). Cheshire argues that it would be unfair to the offeror, who would be bound as soon as the letter was posted, whereas the orreree could keep his options open. On the other hand, the argument for in this question is because there is some support for allowing recall in the Scottish case of Dunmore v Alexander (1830). It is argued that actual prior communication of rejection would not necessarily prejudice the offerror, who, by definition will be unaware of the acceptance. It is also argued th at it would be absurd to insist on enforcing a contract when both parties have acted on the recall. This however, could be interpreted as an agreement to discharge. On the other hand, however, in the modern age of the 21st century, without further explanation, the technology is beyond our imagination. The mode of forming a contract, say, for example, an offer, acceptance and the invitation to treat are technically relying on the electronic communication. The infamous mode of an acceptance in the world today the email, can be made by a simple click. An electronic mail is often being seen as a digital necessity of the postal system, of course, in the modern age. Therefore, the postal rule can apply to the acceptance sent by the mail. Although it is generally accepted that postal communications sent via the Royal Mail do benefit from the rule, other methods of accepting does not benefit from the rule. However, to determine whether a postal rule is applicable to the acceptance by mail, some methods of communication benefit from the rule or not needs to be ascertained. The still ongoing argument is that the postal rule only applies when the offer co ntemplates acceptance by non-instantaneous means of communication. In conclusion, and increased reliance on electronic communications, it is perhaps time the postal rule was restated for the 21st century. A possible reformulation would focus on the non-instantaneous nature of communications which benefit from the rule. Perhaps the new rule should state that, where an offer contemplates acceptance by a non-immediate form of communication, that acceptance is effective from the time it leaves the acceptors control. Such a definition would remove the need for a trusted third party and would encompass all non-instantaneous methods of communication (including those not yet invented). It does though require that methods of communication can be split into immediate and non-immediate, a distinction that may become blurred with future technological advances.

How to Be a Chef Essay

Bodily/Kinesthetic My first intelligence was Bodily/ Kinesthetic. I’m very athletic and I love to play sports a lot. I play basketball after school on Tuesday, Thursday, and Friday at my local community center. I even play basketball outside when I have spare time on my hands. I play a lot of 2K13 on my PS3 and my favourite team in the NBA is Oklahoma City Thunders because they have good players like Russell Westbrook, Kevin Durant and Serge Ibaka. I get better by shooting at certain spots on the court and practicing my lay ups. I play rugby for the Newman Knights. I started in grade 9 and I love to go to practice. When I scored my first try in rugby, it felt all my hard work and determination paid off. Interpersonal My second intelligence is Interpersonal. I have many friends from my old elementary school and I also made new friends when I came to Newman. I socialize with many people at Newman; having laughs, tears of joy and always joking around a lot. I always go out with my closest friends to malls like STC or Eaton’s Center, after hanging out at my school or in my house to play PS3 and to other people’s house. I keep in touch with my friends on Twitter and texting them on my phone. I have fun texting people; it keeps me occupied and keeps my friends close to me no matter where I am. I also enjoy having group work with people, it’s easier to work with people because I don’t like working by myself. Visual/Spatial My third intelligence is Visual/Spatial. I like to draw and do art when I’m bored. I like to draw Pokà ©mon when I was a kid and I still do Pokà ©mon drawings sometimes. I don’t like reading novels but I love to read manga and its Japanese base where you read it left to right. I love these types of books because I like to see the manga panels instead of reading books without pictures. I learn better when they show me a drawing, a demonstration, or an activity because I sometimes don’t understand when teachers explain without a visual representation. Such as in science, history and math. Personality and True Colours My dominant color is gold and the main characteristic of gold to me is dependable. I chose the picture of a quote saying â€Å"You’re even more dependable than alcohol† because I can always depend on my friends and they can also depend on me to be there by their side no matter what. People know that I’m nice, so they always say that I’m such a good friend to them. I always say yes to favors from my friends and they know I always finish the job no matter how big or small it is. I am always loyal to my friends and to my work in school. I chose an image of a wolf on top of a rock saying loyalty because as I said before, I’m always there when you need me like a dog. As the saying goes, â€Å"a man’s best friend is a dog†. I’m very loyal to people when they need me to do work or to get them something for someone. I never tell any of my friend’s secrets to people because they trust me and I trust them with my personal things as well. I’m as loyal as a knight to the king or a friend who’s there to the end. I’m also a very responsible person. I’m responsible at home, school and in my life. I’m always on top of my chores and sometimes on top of my school work. I chose a picture of a dog cleaning up his feces because I always clean up after myself. I have chores at home like washing the dishes, cook and to look after my little brother and sister. At school, I try to be on top of my work and to my studies but sometimes I slack off with my work. When I make a big mess, I take responsibility to clean up and to say sorry to them if I made the mess. Values The value I cherished in life is being a humanitarian. The picture that represent humanitarian to me is the Canadian Red Cross organization because I love what they do all over Canada; by donating food and money to people in need. I’m just like them because I help people who are in need. I help people at school with work and understanding concept in certain subjects like math or science. I help at home by doing chores and helping my sister with her homework. When I’m in public I help hold the door or pick up and return their belongings. I do these nice things out of the kindness of my heart. My second most cherished value in life is my beloved family. I love them no matter what happens in life, through thick or thin. I chose a picture of my family at my grade 8 graduation because they love and support me in my accomplishments. Sometimes I have trouble with my family but I always say to myself that they love me no matter the kind of attitude I give them, if it’s me being nice or being rude to them. I use to have fights with my brother and sister but later on we would forgive each other and we would just laugh about it. I know my family would support me whatever I do in life. My last most cherished value is money. I love to make a lot of money in the future so I can go to college and one day to support my own family. The picture I chose was a person buying something in a store because I would love to spend my first paycheck on things I want. I know money doesn’t give people joy but it can make you happy by buying people things and to donate to organizations that will help the poor and people in third world countries. Work/Life Balance My career choice is one that relates to my strengths at this very moment and allows me to do what I love to do. That is to make people smile with my passion to cook food. The work environment that would allow me to cook is one where I can cook for families and to earn more experience from cook’s that could pass their knowledge to me and it would help me in the future. I wouldn’t quit my job in life because if I can make nice tasting food for people, it would make my job easy and enjoyable. My love in food is very strong and it’s my only passion in life that I would hold on to forever. If I choose to be a chef, it would make my life complete because it can help me feed my family and have fun cooking with them. It can benefit me by helping me strengthen my relationships with my friends by teaching them how to cook and to make them happy when they come over to my house. It can help me in the future by cooking in community kitchen for all ages and it would fill my heart to see people in need eating my food, smiling at the food and thanking me. I cook a lot when I feel hungry at home. I would pop out my cook books and choose my favorite recipe. The way I cook makes me happy because it can bring people together and bring my friends closer to me. The hardship I would go through to get the job is to work my way up to an experience chef from what I know now. When I graduate from high school, I would like to take a culinary course in college and to gain more experience so I can improve my cooking skills. No matter the hardship it would take to become a chef, I will be dedicated to earn a cooking degree.

Reading Response to Introduction in Handbook of Race and Ethnic Studies Essay

Upon reading the Collins and Solomos introduction to their Handbook of Race and Ethnic Studies, I soon realized that the field of race and ethnicity is a diverse, living thing that is constantly evolving. The authors make reference to the fact that the civil rights movement has been working for decades and it appears at times that no progress has been made. They make this point by mentioning the nightly newscasts on television that show global atrocities brought on by policies of ethnic cleansing or other forms of hate. This is proof that more work has to be done and we must continue to seek and promote understanding and equality. Collins and Solomos also mention the rise of more right-wing political groups that they refer to as the new right. These groups use the media to promote their ideas of an ideal state. They state that `for the new right` the appeal is by and large no longer to racial supremacy cultural uniformity` and they get around this by  ¨parading under the politics of nationalism and patriotism ¨. This reminded me of my history classes in school where I first learned of Hitler and how he used extreme nationalism as one of his tools to gain influence and power over a economically struggling Germany. There seems to be a great many voices and perspectives out there that may contradict one another at times, but I feel that the study or race and ethnicity must continue to be pursued.

Essay on Boston Tea Party - 1420 Words

Boston Tea Party When the Boston Tea Party occurred on the evening of December 16,1773, it was the culmination of many years of bad feeling between the British government and her American colonies. The controversy between the two always seemed to hinge on the taxes, which Great Britain required for the upkeep of the American colonies. Starting in 1765, the Stamp Act was intended by Parliament to provide the funds necessary to keep peace between the American settlers and the Native American population. The Stamp Act was loathed by the American colonists and later repealed by parliament. (http://www.bostonteapartyship.com/History.htm) However, the British government quickly enacted other laws designed to solve monetary†¦show more content†¦( USA, 1) But, the colonists boycotted the tea. Large segments of the population supported the boycott, and it became common protest throughout the colonies. Various colonies made plans to prevent the British East India Company from landing its cargoes. In some ports, shipments of tea were returned or the chosen agents were forced to resign. (USA, 1) In Boston, the chosen agents were relatives of royal Governor Thomas Hutchinson and of course, they would not resign. Hutchinson made preparations to land the tea regardless of the popular feeling. Boston, a leading port city, where many important colonists were merchants, was a focus of colonial resistance to the Tea Act. It was also the home of the radical agitator, Samuel Adams, who staged a spectacular demonstration on the evening of) December 16, 1773. One hundred and fifty Bostonians, masquerading as Indians, made their way through a large group of spectators. They went aboard three ships, broke open the tea chests, and dumped them into the harbor. (http://www.bostonteapartyship.com/History.htm The excitement of the event, and the details of the evening were later recorded by George Hewes, and eyewitness and participant in the event. He states that the tea was contained in three ships, lying near each other at Griffin’s wharf. Armed war vessels surrounded these three cargo ships. The commanders of the war vessels hadShow MoreRelatedThe Boston Tea Party746 Words   |  3 Pagessemester we discussed many different topics about modern world history. The topic that was most interesting to me was the Boston Tea Party. Many questions clouded my mind when we were talking about it. What lead to throwing the tea in the harbor? How did the â€Å"leader† of this act get people to go along with his plan? How did the British react, specifically the king? The Boston Tea Party is one of the most important protests that happened in history. 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