参考分析成果1.pptx

POSTAL ACCEPTANCE RULE PROBLEM p6COMMUNICATIONS – NB dates + mode of communication are important1. Letter 1/11: is an invitation by World Imports to treat – asking for a quote: Carlill case2. Letter dated 6/11 delivered 10/11 from China Ex. We can supply xxxx. An offer is effective when it is communicated: Fitch v Snedaker 38 NY 248 (1868).Here the offer is effective when communicated received – 10/11. 3. Fax (or email) sent by World on 11/11, delivered 11/11 Was acceptance conditional to be confirmed in formal K (by mail): Masters v Cameron OR would this K simply restate the terms?POSTAL ACCEPTANCE RULE PROBLEM p104. Acceptance from World mailing formal K dated 12/11 – posted – del.15/11. Postal acceptance rule states acceptance occurs when mail is posted (12/11): Adams v Lindsell. “All orders subject to terms of Fruit Trading Assn” Counter offer OR implied term (in the trade) Crown v Clarke: acceptance must match the offer. Implied term. 5. Fax from World 15/11 delivered 16/11 – reduce order. Is this a variation of the offer? The offer is effective when communicated: Fitch v Snedaker: This is16/11 6. Letter 11/11 delivered 17/11 from China – probably in response to the fax by World of 11/11 noting acceptance.Was there a K? What were the terms? If the formal K merely restated the agreement – parties were immediately bound on 11/11 and the terms were as in 2. above with Fruit Trading implied. Variation in 5., too late to vary K.