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contract by email

PostPosted: Sun Jul 09, 2017 11:01 pm
by megaman
When a contract is made by email the usual rules of offer, revoking (an offer), acceptance, refusal, counter offer, conditional offer ect is that usually any one of these is complete when it is received by the recipient.

what happens when email is used?
does it have to be proved that it arrived in a persons inbox?
does it have to be proved that they opened it?
does it have to be proved that the read it?

What happens if one party can prove an email was sent but the other simply denies receiving it?

what about in the case of a unilateral offer where the condition to be met is to send some information (say proof of owenership)
if such proof was sent by email at what point would this condition be "proved".

Re: contract by email

PostPosted: Mon Jul 10, 2017 6:07 am
by atticus
Did you look at Adams v Lindsell when you did your law degree? (The case about letters being posted)

Re: contract by email

PostPosted: Mon Jul 10, 2017 1:45 pm
by megaman
Is the "the postal rule case"

The postal rule is an exception.
it only applies to acceptance (not offer or rejection/revocation) and states that a letter is considered to have arrived as soon as it is sent.
it also, as the name suggests, only applies to postal communication - so has no relevance to email

Re: contract by email

PostPosted: Mon Jul 10, 2017 2:19 pm
by atticus
I drew your attention to it as you said acceptance happens on receipt of the letter. Your opening post was wrong in at least that respect.

Re: contract by email

PostPosted: Tue Jul 11, 2017 2:48 pm
by dls
There may very well be a difference between sending an email and posting a letter which is recognised in law. A letter is committed to the Royal Mail who have a statutory duty in its delivery. An email may be split into many parts and sent via a dozen intermediaries before being received.