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9 Cards in this Set
- Front
- Back
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R |
Reasonable go use the post |
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A |
The application of the postal rule must not "manifest inconvenience"
Holwell Securities v Hughes |
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M |
Must be properly stamped and addressed - Adams v Lindsell |
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P |
Parties must not have excluded the plagal rule |
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The receipt rule |
Acceptance and a binding contract comes into play when acceptance is received. The postal rule is an acceptance to this.
Entores v Miles Far East corp. |
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The Brimms |
Withdrawal of a contract occurred during standard business hours and times and this could be regarded as communicated. |
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Battle of the forms |
1) When two parties are negotiating the terms of a contract and each party wants the contract on the basis of its own terms.
2) "Last shot principle"
3) Acceptance occurs as long as one party states "yes". But does not mean that it is on their terms. |
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Battle of the forms 1) negotiating own terms 2) l s p 3) yes |
1) When two parties are negotiating the terms of a contract and each party wants the contract on the basis of its own terms.
2) "Last shot principle"
3) Acceptance occurs as long as one party states "yes". But does not mean that it is on their terms. |
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Battle of the forms 1) negotiating own terms 2) l s p + case 3) yes |
1) When two parties are negotiating the terms of a contract and each party wants the contract on the basis of its own terms.
2) "Last shot principle" Butler V ex-cell
3) Acceptance occurs as long as one party states "yes". But does not mean that it is on their terms. |
