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Journal article 2677 views

Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.

Elizabeth Macdonald

Web Journal of Current Legal Issues, Volume: 2013, Issue: 19, Start page: NA

Swansea University Author: Elizabeth Macdonald

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Abstract

It is a matter of controversy, whether the postal rule should be applied to e-mail and similarly modern methods of communication. This article looks at the underlying bases of the rule and recognises that it has always been a matter of the weighing of benefits and drawbacks. A balance favouring a di...

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Published in: Web Journal of Current Legal Issues
ISSN: 1360-1326
Published: 2013
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URI: https://cronfa.swan.ac.uk/Record/cronfa15234
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first_indexed 2013-07-23T12:14:06Z
last_indexed 2018-11-13T19:19:43Z
id cronfa15234
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spelling 2018-11-13T13:18:59.0894628 v2 15234 2013-07-22 Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms. a63a909e63c139a6816c06d3d6776339 Elizabeth Macdonald Elizabeth Macdonald true false 2013-07-22 FGHSS It is a matter of controversy, whether the postal rule should be applied to e-mail and similarly modern methods of communication. This article looks at the underlying bases of the rule and recognises that it has always been a matter of the weighing of benefits and drawbacks. A balance favouring a dispatch rule is very unlikely to exist with such newer methods of communication, and may well no longer even justify the postal rule in relation to the post itself. However, it is argued that the advantages of the rule should not simply be abandoned. It is contended that we should break away from the simple dichotomy of a dispatch or receipt rule, to seek a means of maintaining its positive impact, whilst avoiding the harmful side effects. It is further contended that could be achieved by use of the device of terms / contracts implied in law, which would also reveal the true nature of the rule, as concerned with the regulation of pre-contractual behaviour. Journal Article Web Journal of Current Legal Issues 2013 19 NA 1360-1326 31 7 2013 2013-07-31 COLLEGE NANME Humanities and Social Sciences - Faculty COLLEGE CODE FGHSS Swansea University 2018-11-13T13:18:59.0894628 2013-07-22T12:42:39.4322273 Hillary Rodham Clinton School of Law Law Elizabeth Macdonald 1
title Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
spellingShingle Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
Elizabeth Macdonald
title_short Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
title_full Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
title_fullStr Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
title_full_unstemmed Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
title_sort Dispatching the dispatch rule? The postal rule, e-mail, revocation and implied terms.
author_id_str_mv a63a909e63c139a6816c06d3d6776339
author_id_fullname_str_mv a63a909e63c139a6816c06d3d6776339_***_Elizabeth Macdonald
author Elizabeth Macdonald
author2 Elizabeth Macdonald
format Journal article
container_title Web Journal of Current Legal Issues
container_volume 2013
container_issue 19
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publishDate 2013
institution Swansea University
issn 1360-1326
college_str Hillary Rodham Clinton School of Law
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hierarchy_top_id hillaryrodhamclintonschooloflaw
hierarchy_top_title Hillary Rodham Clinton School of Law
hierarchy_parent_id hillaryrodhamclintonschooloflaw
hierarchy_parent_title Hillary Rodham Clinton School of Law
department_str Law{{{_:::_}}}Hillary Rodham Clinton School of Law{{{_:::_}}}Law
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description It is a matter of controversy, whether the postal rule should be applied to e-mail and similarly modern methods of communication. This article looks at the underlying bases of the rule and recognises that it has always been a matter of the weighing of benefits and drawbacks. A balance favouring a dispatch rule is very unlikely to exist with such newer methods of communication, and may well no longer even justify the postal rule in relation to the post itself. However, it is argued that the advantages of the rule should not simply be abandoned. It is contended that we should break away from the simple dichotomy of a dispatch or receipt rule, to seek a means of maintaining its positive impact, whilst avoiding the harmful side effects. It is further contended that could be achieved by use of the device of terms / contracts implied in law, which would also reveal the true nature of the rule, as concerned with the regulation of pre-contractual behaviour.
published_date 2013-07-31T03:24:47Z
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