''Dunlop v Higgins''
1848) 1 H.L.C. 381was an early decision confirming the
postal rule
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that offer and acceptance, acceptance of an offer ...
in the Scots law of
contract formation
Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal capacity). Analysis of their operation is a traditional approach in contract ...
. The decision was based on the earlier case of ''
Adams v. Lindsell
Adams may refer to:
* For persons, see Adams (surname)
Places United States
*Adams, California
*Adams, California, former name of Corte Madera, California
* Adams, Decatur County, Indiana
*Adams, Kentucky
*Adams, Massachusetts, a New England tow ...
''.
Facts
Dunlop & Company offered by post to sell 2,000 tons of pig-Iron at some price. The offer was sent on 28 January 1845. It reached Higgins on 30 January 1845. Higgins posted the letter of acceptance the same day but the defendant received it on 1 February 1845 with some delay. The defendant refused to supply the goods, because the prices had increased.
Judgment
It was held that the acceptor was not responsible for any delay in the course of the transit. Hence there was a binding contract.
The posting of a letter accepting an offer constitutes a binding contract even if the letter never arrives due to the fault of the post office.
See also
*
Offer and acceptance
Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal Capacity (law), capacity). Analysis of their operation is a traditional appro ...
*
Mailbox rule
A letter box, letterbox, letter plate, letter hole, mail slot or mailbox is a receptacle for receiving incoming mail at a private residence or business. For outgoing mail, post boxes are often used for depositing the mail for collection, altho ...
*''
Adams v Lindsell''
*''
Household Fire Insurance Co v Grant''
*''
Henthorn v Fraser''
References
1848 in case law
1848 in Scotland
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