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" 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... "
Cases on Engineering Contracts: A Selection of Cases from Cases on the Law ... - Sida 540
efter Samuel Williston - 1904 - 352 sidor
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volym 51

New Jersey. Court of Chancery - 1894 - 722 sidor
...perform those contracts. The contracts bound petitioners for the delivery of such quantities of materials that it must have been within the contemplation of the parties that petitioners would make sub-contracts for at least some of the materials. If petitioners had made their...
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The Weekly Notes, Volym 39

Frederick Pollock - 1904 - 602 sidor
...to acceptance of an offer, that where it must have been within the contemplation of the parties that the post might be used as a means of communicating the acceptance, it is complete as soon as it is posted. The plaintiff was therefore entitled to specific performance....
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The Pacific Reporter, Volym 204

1922 - 1148 sidor
...bord Herschell announcing the rule to be: "That where the circumstances under whioh an offer is made are such that it must have been within the contemplation...used as a means of communicating the acceptance of it, the acceptance is complete as soon as it is posted." And so It is of the transaction before us....
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The Law Quarterly Review, Volym 8

Frederick Pollock - 1892 - 398 sidor
...the reply. Lord Herschell and Lindley LJ, however disclaim this view, and state the true principle thus : ' Where the circumstances are such that it...acceptance of an offer, the acceptance is complete as soon as it is posted.' But what if the acceptance is never received, on Baggallay and Thesiger L.JJ.'s...
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The Principles and Practice of the Law of Evidence

Edmund Powell - 1892 - 836 sidor
...acceptance is delivered to the postoffice (q), but this rule only applies when the circumstances of the case are such that it must have been within the contemplation...be used as a means of communicating the acceptance (i•). By sect. 26 of the Interpretation Act, 1889 (s), it is enacted as follows : " Where an act...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1894 - 688 sidor
...post. An authority to accept by post may also be implied, although the offer has been made orally, when the circumstances are such that it must have been...that, according to the ordinary usages of mankind, communication should be made by post (6)]. 5. A proposal may be revoked at any time before the communication...
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Principles of the English Law of Contract and of Agency in Its Relation to ...

Sir William Reynell Anson - 1895 - 536 sidor
...Lord Herschell said : — ' I should prefer to state the rule thus : where the circumstances are such that, according to the ordinary usages of mankind,...acceptance of an offer, the acceptance is complete as soon as it is posted.' But the cases of contracts made by post are merely an illustration of the...
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Principles of the English Law of Contract and of Agency in Its Relation to ...

Sir William Reynell Anson - 1895 - 434 sidor
...Lord Herschell said : — 'I should prefer to state the rule thus: where the circumstances are such that, according to the ordinary usages of mankind,...used as a means of communicating the acceptance of an otter, the acceptance is complete as soon as it is posted.' But the cases of contracts made by post...
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Elements of the Law of Contracts

Edward Avery Harriman - 1896 - 404 sidor
...when a contract is completed. After some uncertainty,1 it was finally settled in Eng. land 2 that " where the circumstances are such that it must have...acceptance of an offer, the acceptance is complete as soon as it is posted." 8 The same rule prevails throughout the United States,4 with the exception...
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A Treatise on the Law of Contracts

Joseph Chitty - 1896 - 906 sidor
...Liverpool and the party offering at Birkeuhead, where he had handed the offer to the party accepting) , that, according to the ordinary usages of mankind,...used as a means of communicating the acceptance of the offer. But what is the effect of the revocation of an accepting letter communicated to the other...
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