question about mailbox rule

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goosey
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question about mailbox rule

Postby goosey » Sat Apr 09, 2011 11:26 pm

does it only apply to offers sent over mail? so for example, if offeror sends offer via telephone convo, would the mailbox rule not apply? what if the offeree accepted via voicemail??

Baylan
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Re: question about mailbox rule

Postby Baylan » Sun Apr 10, 2011 12:45 am

The mailbox rule operates because it is an objective manifestation of a parties intent. It is the discernible point between having the power of acceptance and when an acceptance occurs. All the time-problems really revolve around when the agreement comes into being.

So, the mailbox really doesn't really operate in conversation. But it all comes back to objective manifestation of mutual assent.

It is really tough to tell specifically if it applies in your question though without a hypothetical...
Last edited by Baylan on Sun Apr 10, 2011 12:47 am, edited 1 time in total.

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Always Credited
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Re: question about mailbox rule

Postby Always Credited » Sun Apr 10, 2011 12:47 am

goosey wrote:does it only apply to offers sent over mail? so for example, if offeror sends offer via telephone convo, would the mailbox rule not apply? what if the offeree accepted via voicemail??


No clear rule to deal with this, but analogize to the mailbox rule for +50 points. Include the policy behind the mailbox rule, as mentioned above, for an additional +50 points.


Then move on.

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YourCaptain
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Re: question about mailbox rule

Postby YourCaptain » Sun Apr 10, 2011 8:00 am

Always Credited wrote:
goosey wrote:does it only apply to offers sent over mail? so for example, if offeror sends offer via telephone convo, would the mailbox rule not apply? what if the offeree accepted via voicemail??


No clear rule to deal with this, but analogize to the mailbox rule for +50 points. Include the policy behind the mailbox rule, as mentioned above, for an additional +50 points.


Then move on.


You're meant to respond in a manner appropriate to the offer.

If in the course of the conversation they make the offer, if you don't accept when you hang up the offeror may state that the offer is dead. I think if the offeror left a voicemail and the offeree left a voicemail back, on an exam you should be able to make a strong argument for the offeree responding appropriately.

Be sure to argue both sides and all that jazz.




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