Una plantilla no oficial para la tesis de los itamitas.
Just as well, people could fire themselves with a firework. Locomotives became high-speed trains and the stagecoaches disappeared from the post system.
The post, which used to take several weeks, arrives after a few days and modern communication systems like fax, telephone and email were established.
Yet the contract laws of this times and a rule such as the postal rule are still legally binding and therefore the modern systems and especially email have to be integrated into the legal system.
The purpose of this term paper is to critically discuss the arguments for and against the question, does the postal rule apply to email? In the first chapter the general formation of a contract is noted as well as the history and application of the postal rule are explained.
Accordingly in the second chapter the process of communication by email is described and the different arguments for and against the main question are critically discussed.
Finally the conclusion of the term paper is collectively assessed. Because there exist modern communication systems like fax, telephone and email, the connection between the postal rule and these modern communication systems is frequently discussed in many scientific publications.
For the discussion i. Formation of a Contract 2. First the offeror makes an offer to the offeree. After verifying this offer the offeree accept it.
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Subsequently the contract is legally binding. In the process the communication between the parties is fundamental. The communication does not take effect until the party, to whom the communication is addressed, receive and understand it. This is the rule that applies to offers.
And this leads to the general rule of acceptance that the contract is only binding if the offeror has received the acceptance of the offeree. However, there are many different forms of communication like face-to-face conversations, letters, telephone, faxes or email.
In some of these there is a period of time between the sending of the acceptance and the receiving by the offeror. In relation to the post, this problem was solved by the introduction of the postal rule as an exception to the general rule.
The postal rule as accepted in the common law legal system: Therefore the postal rule may be the best option in deciding the moment that the parties reach the declaration of intent at the time of posting the letter, than at the later time when the letter is received.
So the acceptance is complete immediately the letter of acceptance is posted, even if the letter is delayed, destroyed or lost so that the offeror never receives it. The postal rule prevents that both parties have to wait for the confirmation of receipt of the last communication ad infinitum.
In addition it only applies to acceptances, and not to any other kind of communication like offers, counter offers, etc.
However, the offeror can stipulate in the contract that the postal rule is not applied. On the one hand the offeror cannot know the offeree accept his offer and therefore he is bound to a contract.
On the other hand the offeror bears the risk of failure of communication, even if it is not his fault.Thesis Formatting Guidelines for Master’s Degree Candidates (rev. 10/22/10) This revision of guidelines supersedes prior instructions for formatting of theses.
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