postal rule 可唔可以應用係message呢?

如題, 我知道postal rule可以用係信到,但係message或voice mail就唔知可唔可以,所以想問postal rule 可唔可以應用係message或voice mail到呢?

如果可以又點解可以呢?需要詳盡解答~~400words左右 (英文)

1 Answer

  • 1 decade ago
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    The position of the law is clear: the postal rule does NOT apply to SMS or voice mail. Definitely not.

    I am afraid I cannot conjure up 400 words to answer your question.

    Look at the case Entores v Miles Far East Corporation and you will understand. It was held in this case that the postal does not apply to telexes and that it was confined to non-instantaneous forms of communication. Therefore, a distinction has been drawn between instantaneous and non-instantaneous forms of communication; only the latter being caught by the postal rule.

    SMS and voice mail are clearly instantaneous communications in the sense that as soon as they are sent they are available to the receivor.

    In fact, the postal rule need not be given too much weight. This rule is clearly littered with absurdity. Tracing back to Adams v Lindsell (1818), the justification for the postal rule is that the post office is the agent of the offeror. However, this proposition clearly makes no sense. Another justification is that the offeror has chosen to start negotiations through post and hence the risk of delay or loss in the post should be borne by him.

    I think the postal rule is outdated, born in an age where no instantaneous communications exist. The postal rule is known to be prone to creating grave injustice, and the courts are quick to depart from it. Holwell Securities Ltd v Hughes laid down a rule that the postal rule ought not to apply 'where it would lead to manifest inconvenience or absurdity'.

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