Does the mailbox rule apply to UCC contracts?

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Prime12
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Does the mailbox rule apply to UCC contracts?

Postby Prime12 » Mon Dec 05, 2011 11:46 pm

Go ahead, laugh... :oops: I somehow forgot to put this in my outline and for some bizzare reason it's not in my notes either. I am too embarassed to email the professor or ask anyone I know in person.

So...does it?

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kalvano
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Re: Does the mailbox rule apply to UCC contracts?

Postby kalvano » Mon Dec 05, 2011 11:48 pm

If I recall correctly, there is a specific section of the UCC that addresses it.

2-206 maybe? I can't recall. But there is something in the UCC about it.

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orm518
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Re: Does the mailbox rule apply to UCC contracts?

Postby orm518 » Mon Dec 05, 2011 11:53 pm

Under the UCC: we learned it that under 2-606 an offeree can accept in any reasonable manner, unless the offeror specifies an unambiguous method of acceptance.

So, if the offeree can argue that a properly posted acceptance should be a reasonable method of acceptance, then the mailbox rule is technically upheld. If for some reason just mailing the acceptance is unreasonable, then it would not apply.

Then there's the case where the offer expressly states how they want acceptance. If the offeror expects express notice and knowledge of acceptance (in the text of the offer) then the mailbox rule wouldn't be ok, because just mailing it would not meet those terms.

The Mailbox Rule is out of the common law: an acceptance becomes valid upon posting of the acceptance, not receipt by the offeror. Note the opposite applies in option contracts, the acceptance must be received by the offeror before the close of the option period.

EDIT: Sorry I sort of word vomited here, hope parts were helpful. Ks exam in 36 hours.

FlanSolo
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Re: Does the mailbox rule apply to UCC contracts?

Postby FlanSolo » Tue Dec 06, 2011 7:48 pm

Note also that the UCC has a provision which basically says all the common law rules are still applicable where not otherwise displaced by the UCC.

morris248
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Re: Does the mailbox rule apply to UCC contracts?

Postby morris248 » Tue Dec 06, 2011 8:25 pm

The common law mailbox rule does apply to UCC contracts but it does not apply to faxes or emails.

lawnerd1
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Re: Does the mailbox rule apply to UCC contracts?

Postby lawnerd1 » Wed Dec 07, 2011 2:06 am

morris248 wrote:The common law mailbox rule does apply to UCC contracts but it does not apply to faxes or emails.


Sure about that? R2d §64 applies to e-mail I believe. This was also in my case book: http://itlaw.wikia.com/wiki/Buckles_Man ... vestordigs

And said that e-mail is as effective as a written contract.

Google also says that mailbox rule applies to e-mail. I'm positive that it applies to fax.


bartleby
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Re: Does the mailbox rule apply to UCC contracts?

Postby bartleby » Mon Dec 12, 2011 7:37 pm

FlanSolo wrote:Note also that the UCC has a provision which basically says all the common law rules are still applicable where not otherwise displaced by the UCC.


1-103(b)??? it does apply

lawnerd1
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Re: Does the mailbox rule apply to UCC contracts?

Postby lawnerd1 » Tue Dec 13, 2011 12:17 am





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