Case Summary - Adams v Lindsell (1818) CKB. Where the post is utilised, transmission of acceptance occurs at the time of posting, according to Adams v Lindsell (1818) CKB. Facts The defendants wrote to the plaintiffs on September 2, 1817, offering to sell them "800 tonnes of wether fleeces" and requesting a "response in course of post." The plaintiffs only got the defendants' letter on September 5th because it was misdirected by the defendants. The plaintiffs responded that night, and the defendants received it on September 9th. Assuming there was no deception, the defendants knew they would get a response on September 7, so they sold the wool to someone else on September 8. Decision Contracts by mail would be impossible, according to the court, if acceptance was contingent on the offeror's receipt. Because the defendants were to blame for the delay, 'it must be taken against them that the plaintiffs' answer was received in the mail.' Comment This decision gave rise to the 'postal rule,' which states that if posting is a fair method of accepting an offer, the acceptance takes effect immediately. The postal rule is expressly prohibited in many commercial contracts.
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