Receipt Rule CASES

In English law, the receipt rule governs communication of acceptance in contractual agreements, stating that acceptance becomes effective only when received and understood by the offeror.

Definition and Principles

Unlike the postal rule, the receipt rule applies to instantaneous communication methods, such as telephone, email, or telex, making acceptance valid at the moment it reaches the offeror.

Key Cases

  • Entores Ltd v Miles Far East Corporation (1955): Established that acceptance by instantaneous communication is effective only upon receipt.
  • The Brimnes (1974): Clarified that receipt occurs when a message arrives during normal business hours, even if the recipient does not actually read it immediately.

Practical Implications

The receipt rule requires careful consideration of timing and method of communication, ensuring clarity around contractual acceptance and avoiding disputes.

Importance

Understanding the receipt rule is crucial for managing expectations in commercial negotiations, ensuring parties clearly understand when contractual obligations arise.

You may find our more detailed guide on the receipt rule useful.

Law books on a desk

Thomas v BPE Solicitors [2010] EWHC 306 (Ch)

Claimants alleged their solicitors were negligent in failing to advise that a share sale transaction had completed, thereby losing their right to enforce undertakings for payment. The court found completion did not occur as no confirmatory telephone call took place between solicitors, and dismissed the negligence claim. Facts The claimants,...

Lady justice next to law books

Adams v Lindsell [1818] EWHC KB J59 (05 June 1818)

Facts The defendants, wool-dealers in St. Ives, sent a letter to the plaintiffs, who were woollen manufacturers in Bromsgrove, on 2 September 1817, offering to sell them a quantity of wool. The defendants required an answer ‘in course of post’. Critically, the defendants misdirected this letter to ‘Bromsgrove, Leicestershire’, instead...