“What can be more palpably absurd than the prospect held out of locomotives travelling twice as fast as stagecoaches? Just as well, people could fire themselves with a firework.”
In the early 19th century people believed the technological progress has arrived its maximum, but their predictions were wrong. Locomotives became high-speed trains and the stagecoaches disappeared from the post system. The post, which used to take several weeks, arrives after a few days and modern communication systems like fax, telephone and email were established. Yet the contract laws of this times and a rule such as the postal rule are still legally binding and therefore the modern systems and especially email have to be integrated into the legal system.
The purpose of this term paper is to critically discuss the arguments for and against the question, does the postal rule apply to email?
In the first chapter the general formation of a contract is noted as well as the history and application of the postal rule are explained. Accordingly in the second chapter the process of communication by email is described and the different arguments for and against the main question are critically discussed. Finally the conclusion of the term paper is collectively assessed.
Because there exist modern communication systems like fax, telephone and email, the connection between the postal rule and these modern communication systems is frequently discussed in many scientific publications. The textbooks from Mindy Chen-Wishart (2012), Contract Law, and Richard Stone (2008), The modern Law of Contract, give a good overview of the topic. For the discussion i.a. the articles from Valerie Watnick (2004), The Electronic Formation of Contracts and the Common Law “Mailbox Rule”, and Sharon Christensen (2001), Formation of Contracts by Email – Is it Just the Same as the Post?, are significant.
Table of Contents
- 1. Introduction
- 2. Formation of a Contract
- 2.1 General Rule
- 2.2 Postal Rule
- 3. Email
- 3.1 Communications by Email
- 3.2 Discussion
- 4. Conclusion
Objectives and Key Themes
This term paper critically examines the applicability of the postal rule to email communication in contract law. It explores the historical context and legal basis of the postal rule, contrasting it with the general rule of contract formation. The paper then analyzes the unique characteristics of email communication and assesses the arguments for and against extending the postal rule to this modern medium.
- Formation of Contracts: The general rule and the postal rule exception.
- The Postal Rule: Its historical development, application, and limitations.
- Email Communication: Its characteristics and implications for contract law.
- Applicability of the Postal Rule to Email: Arguments for and against.
- Modern Communication Systems and Contract Law: Integrating new technologies into existing legal frameworks.
Chapter Summaries
1. Introduction: This introductory chapter sets the stage by highlighting the rapid advancements in communication technology since the 19th century, contrasting the slow postal service of the past with modern systems like email, fax, and telephone. It emphasizes the need to integrate these modern systems into existing contract law, specifically addressing the applicability of the postal rule to email communication. The chapter clearly states the paper's objective: to critically analyze arguments for and against applying the postal rule to email, providing a roadmap for the subsequent chapters' discussions.
2. Formation of a Contract: This chapter delves into the fundamental principles of contract formation. It begins by explaining the general rule, which requires both mutual corresponding declarations of intent, where acceptance is only binding upon receipt by the offeror. The chapter then introduces the postal rule as an exception, born from the case of Adams v Lindsell (1818), explaining its function in clarifying the timing of acceptance when using postal services. It highlights the complexities and potential drawbacks of this rule, balancing the need for certainty against the risks of communication failure. The chapter lays the groundwork for assessing the applicability of these rules to modern communication systems.
3. Email: This chapter focuses on the specific characteristics of email communication and its implications for contract law. It analyzes the nature of email communication (instantaneous versus non-instantaneous) and its relation to existing legal frameworks. It presents and critically evaluates the various arguments surrounding the application of the postal rule to email. The chapter draws heavily on existing literature to explore different viewpoints and case law, creating a thorough discussion of the legal implications of using email to form contracts.
Keywords
Contract law, postal rule, email, acceptance, offer, communication, instantaneous communication, non-instantaneous communication, contract formation, Adams v Lindsell, Entores Ltd. v Miles Far East Corp., modern communication technologies, legal implications.
Frequently Asked Questions: A Critical Examination of the Postal Rule's Applicability to Email Communication in Contract Law
What is the main topic of this document?
This document is a term paper that critically analyzes whether the postal rule, a legal principle concerning contract formation, applies to email communication. It examines the historical context of the postal rule, compares it to the general rule of contract formation, and explores the arguments for and against its application to modern email communication.
What are the key themes explored in the paper?
The key themes include the formation of contracts (general rule and postal rule), the historical development and limitations of the postal rule, the characteristics of email communication and its implications for contract law, the arguments for and against applying the postal rule to email, and the broader issue of integrating new communication technologies into existing legal frameworks.
What is the postal rule?
The postal rule is a legal exception to the general rule of contract formation. It states that acceptance of an offer is effective when it is posted, not when it is received. This rule originated from the case of Adams v Lindsell (1818) and applies primarily to non-instantaneous communication methods like postal mail.
What is the general rule of contract formation?
The general rule stipulates that acceptance of an offer is only effective upon receipt by the offeror. This means the offeror must be aware of the acceptance for a contract to be formed.
Why is the applicability of the postal rule to email debated?
The applicability of the postal rule to email is debated because email communication is much faster and more immediate than postal mail. The instantaneous nature of email challenges the core principle of the postal rule, which assumes a delay in communication. The paper explores the arguments both for and against applying the rule based on differing interpretations of the nature of email communication (instantaneous vs. non-instantaneous).
What are the arguments for applying the postal rule to email?
The arguments for applying the postal rule to email are not explicitly detailed in this preview but would likely center on maintaining consistency and predictability in contract law. It could also be argued that some emails are sent and received outside normal working hours, creating a delay akin to postal mail.
What are the arguments against applying the postal rule to email?
The arguments against applying the postal rule to email would likely center on the immediacy of email communication. The near-instantaneous nature of email contradicts the delay inherent in the postal rule. This could lead to uncertainty and disputes over the exact time of acceptance.
What are the key cases mentioned in the document?
The key cases mentioned are Adams v Lindsell (1818) and Entores Ltd. v Miles Far East Corp. (although the preview does not detail the latter case's role in this discussion).
What is the conclusion of the paper (as previewed)?
The preview does not provide the paper's full conclusion but indicates the paper comprehensively analyzes arguments for and against applying the postal rule to email, proposing a considered viewpoint based on this analysis.
What are the keywords related to this paper?
The keywords include: Contract law, postal rule, email, acceptance, offer, communication, instantaneous communication, non-instantaneous communication, contract formation, Adams v Lindsell, Entores Ltd. v Miles Far East Corp., modern communication technologies, and legal implications.
- Quote paper
- Anonym (Author), 2015, Contract Law. Does the postal rule apply to email?, Munich, GRIN Verlag, https://www.grin.com/document/302312
