Case Summary - Henthorn v Fraser (1892) CA
Henthorn v Fraser (1892) CA: Even though the offer was not made by post, acceptance was complete at the time of posting. Facts On July 7, 1891, the plaintiff (who could not write) was at the defendants' office in Liverpool when they presented him with an offer to sell him a number of residences. The plaintiff returned to Birkenhead with the letter. The defendants withdrew their offer to the plaintiff on July 8, between 12 and 1 p.m. The plaintiff's lawyer posted the plaintiff's acceptance of the offer at 3.50 p.m. At 5.30 p.m., the defendants withdrew, and at 8.30 p.m., the plaintiff accepted the withdrawal. Decision Even though the offer was not made by post, the Court of Appeal found that there was a contract because acceptance was complete at the time of posting. The concept that the postal rule was founded on implied authority from the offeror to the offeree to treat the post office as the offeror's agent was rejected by both Lord Herschell and Kay LJ.
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