Overview
Contract law requires a legal agreement for contractual obligations to have legal effect. Looking at the postal rule, assess the significance of the rule in relation to the development of modern technology, focusing on its effects regarding online shopping and emails.
Guidance: The starting point is the postal rule and what it means against the law in terms of when a contract is established. You may regard online provisions regarding the ability to rescind a
contract but note when a contract is actually formed online. With email, you should consider the
postal rule in regard to the case of Thomas v BPE Solicitors [2010] EWHC 306 (CH). While the main issue in the case was negligent, the issue of the postal rule and it application to emails was considered. Is an email instantaneous or not? What can parties do to ensure that the postal rule is not relevant?
Key Marking criteria will include: