The mailbox rule

The mailbox rule

The mailbox rule is also known as the posting rule. This rule applies to offer and acceptance in contract law (Craswell, 1989). The law states that if acceptance of law reaches the mailbox, it is considered that a legitimate offer has been extended or accepted. In general, the rule means that the legitimacy of a case is considered when communication takes place, and the parties involved do not even have to meet physically. The legalization form is also referred to as a meeting of the minds, meaning communication with no physical meeting.

The mailbox rule of acceptance should be effective for electronic communication, such as emails and texts. Electronic communication has taken over all over the world. Thus physical meetings have become unnecessary. Communication methods such as emails and texts qualify as a means of communication where the involved parties do not have to meet physically. Today, people only meet when necessary and electronic communication gives people the chance to offer and accept contacts despite locational differences (Ibrahim et al., 2007). A good example is online business transactions and delivery services, and even email communications to employees in a company.

Since the rule is not limited to mail only, upon any form of communication between parties involved, the contract offer is considered that the offer has been offered, and if replied to using any form of communication, it is considered accepted (Fasciano, 1996). Thus, this does not require any formal or physical meeting to be considered legalized, and the contract bounds the two parties. Emails and texts are examples of electronic communication, which are also applicable to the mailbox rule of acceptance.

References

Craswell, R. (1989). Contract law, default rules, and the philosophy of promising. Michigan Law Review, 88(3), 489-529.

Fasciano, P. (1996). Internet Electronic Mail: A Last Bastion for the Mailbox Rule. Hofstra L. Rev., 25, 971.

Ibrahim, M. A., Ababneh, A. E., & Tahat, H. (2007). The Postal Acceptance Rule in the Digital Age. J. Int’l Com. L. & Tech., 2, 47.