If the offeror does not receive the acceptance message through no fault of his own, does a contract exist?
Understand the Problem
The question is asking whether a contract exists if the offeror does not receive the acceptance message due to circumstances beyond their control. This involves understanding contract law and the principles surrounding acceptance and communication.
Answer
A contract exists if acceptance is correctly dispatched under the mailbox rule.
A contract does exist if the acceptance message is properly dispatched according to the mailbox rule, even if the offeror does not receive it through no fault of his own.
Answer for screen readers
A contract does exist if the acceptance message is properly dispatched according to the mailbox rule, even if the offeror does not receive it through no fault of his own.
More Information
The mailbox rule means that once an offeree sends their acceptance, a contract is usually formed. This protects the offeree based on their reasonable belief that their dispatch creates a contract.
Tips
A common mistake is assuming no contract exists if the offeror does not receive the acceptance. However, the mailbox rule creates an exception where dispatch is enough.
Sources
- Acceptance - Contracts Doctrine, Theory and Practice - verkerkecontractsone.lawbooks.cali.org
- 6 Essential Elements of a Contract - Ironclad - ironcladapp.com
- Mailbox Rule | Overview, Contracts & Court Cases - Study.com - study.com
AI-generated content may contain errors. Please verify critical information
