LAW

Published on
Henthorn v Fraser (1892) CA
On July 7, 1891, the plaintiff—who was illiterate—was at the defendants' Liverpool office when they presented him with an offer to buy a number of dwellings. The letter was brought home to Birkenhead by the plaintiff. The defendants retracted their offer via postal mail to the plaintiff on July 8th, between 12:00 and 1:00 pm. The plaintiff's attorney posted the plaintiff's acceptance of the offer at 3:50 p.m. At 5:30 p.m., the defendants withdrew, and at 8:30 p.m., the plaintiff accepted.
Despite the fact that the offer was not made by post, it was held that there existed a contract because acceptance had already been finalized at the time of posting. The notion that the postal rule was predicated on an offeror-to-offeree implicit consent to treat the post office as the offeror's agent was rejected by both Lord Herschell and Kay LJ. According to Lord Herschell:

I should prefer to state the rule thus: where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted.


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