Commerical law Question?

Question

A agrees to sell B a computer system for $1500 and 7 days for B to consider before making a choice. A did not indicate any modes of acceptance ( by mail, telephone etc.). B mail a letter to A on the second day accepting the offer. My question is can the POSTAL RULE be able to apply for this case? Thank you

Answer 1

Possible. Better if B can demonstrate that acceptance mail was sent on day 2. Assuming it was sent by first-class mail, acceptance letter should have arrived before the 7 day period.

Answer 2

The UCC governs the transanction that you are talking about. Although the UCC discusses acceptance, it never addresses the so called mailbox rule. But there is a provision in the UCC that basically says the Common Law rules of contract formation still apply whenever the UCC doesn't address an issue. The mailbox rule will probably apply in this case. Remember the theory of the mailbox rule is that the postal service is essentially acting as an agent of the offeror, so that once you place the acceptance in the mail, you no longer have any control over it. Now the Postal Service simply delivers it to the offerror.

Answer 3

The postal rule, or mailbox rule, doesn't apply under the facts you've given. Or rather, it doesn't matter either way.

Sale of goods is governed by UCC. Under UCC, acceptance can be by any reasonable means. Mail is always acceptable.

Nothing indicates B attempted to revoke the offer before receipt of A's letter, so when it was sent versus when it was received doesn't matter under this fact patter.

The fact pattern also doesn't specify whether A is a merchant, which would make the offer non-revocable for the period.

The bottom line is that B sent a valid acceptance. Absent any revocation or other factors, that constitues mutual assent.

Answer 4

Absent a designated mode of acceptance, the postal rule does not apply.