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Byrne & Co v Leon Van Tienhoven & Co (1880) CP
The plaintiffs in New York were contacted by the defendants in Cardiff on October 1, 1879, with an offer to purchase 1,000 boxes of tin plates under specific conditions. The defendants once more wrote on October 8th, withdrawing their offer. The plaintiffs received the offer on October 11 and confirmed their acceptance by telegram the same day, followed by a letter on October 15. The plaintiffs learned of the defendants' withdrawal of the offer on October 20.
held that the contract was legitimate since an offer can only be withdrawn if it is disclosed to the offeree. A withdrawal is not subject to the postal rule since it is transmitted solely at the time of receipt by the offeree. This is because, according to Lindley J., the postal rule is:
...based upon the principle that the writer of the offer has expressly or impliedly assented to treat an answer to him by letter duly posted as a sufficient acceptance and notification to himself, or, in other words, he has made the post office his agent to receive the acceptance and notification of it.
The plaintiffs in New York were contacted by the defendants in Cardiff on October 1, 1879, with an offer to purchase 1,000 boxes of tin plates under specific conditions. The defendants once more wrote on October 8th, withdrawing their offer. The plaintiffs received the offer on October 11 and confirmed their acceptance by telegram the same day, followed by a letter on October 15. The plaintiffs learned of the defendants' withdrawal of the offer on October 20.
held that the contract was legitimate since an offer can only be withdrawn if it is disclosed to the offeree. A withdrawal is not subject to the postal rule since it is transmitted solely at the time of receipt by the offeree. This is because, according to Lindley J., the postal rule is:
...based upon the principle that the writer of the offer has expressly or impliedly assented to treat an answer to him by letter duly posted as a sufficient acceptance and notification to himself, or, in other words, he has made the post office his agent to receive the acceptance and notification of it.
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