Is David’s Acceptance of Alice’s Offer Legally Effective?

Question from neal, Is David’s Acceptance of Alice’s Offer Legally Effective?

Answer from AI:

When dealing with contract law, particularly in the UK, the effectiveness of an acceptance can depend on several factors, including the method of communication and the timing of the acceptance. Let’s break down the scenario and the potential legal implications.

Understanding the Postal Rule

In UK contract law, the **postal rule** is an exception to the general rule that an acceptance must be communicated to be effective. According to the postal rule, an acceptance is considered effective when it is posted, not when it is received. However, there are important conditions and exceptions to this rule.

Conditions for the Postal Rule

For the postal rule to apply:
1. **The use of post must be reasonable**: The offeror must have implied or explicitly allowed the use of post for acceptance.
2. **The letter must be properly addressed and stamped**: If the letter is misaddressed, the postal rule does not apply.
3. **The acceptance must be posted before the offer is withdrawn**: If the offer is withdrawn before the acceptance is posted, the acceptance is not valid.

Application to David’s Situation

Given the scenario, let’s analyze the options:

• Option A: His acceptance may not be regarded as effective as it arrived late.
• Option B: His acceptance may not be effective as Alice might have impliedly excluded the use of post by stating “notify me of the intention to purchase by 5th April”.
• Option C: His acceptance will be effective as postal acceptances provide an exception to the general rule that acceptances need to be communicated to be effective.
• Option D: His acceptance is not effective as postal rule does not apply where the letter was not properly addressed.

Analysis of Each Option

1. Option A: The postal rule states that acceptance is effective when posted, not when received. Therefore, the timing of the letter’s arrival is not the primary issue.
2. Option B: If Alice’s notice implied that only direct communication (e.g., in person or by phone) was acceptable, the postal rule might not apply. However, this is not explicitly clear from the scenario.
3. Option C: While the postal rule does provide an exception, it only applies if the letter is properly addressed and posted before the offer is withdrawn.
4. Option D: This is the most accurate statement. Since David’s letter was misaddressed, the postal rule does not apply, and his acceptance is not effective.

Conclusion

Based on the information provided, **Option D** is the best explanation. David’s acceptance is not effective because the postal rule does not apply when the letter is not properly addressed.

For personalized legal advice, it is crucial to consult with a legal professional who can consider all the specific details of the case. For more information on contract law, you can refer to resources such as the [UK Government’s guide on contracts](https://www.gov.uk/guidance/contract-law) or the [Law Society’s resources](https://www.lawsociety.org.uk/topics/contracts).

Remember, this information is for general guidance and should not be taken as legal advice. Always seek professional legal counsel for specific legal issues.