The Posthumous Life of the Postal Rule Requiem and Revival of Adams v. Lindsell

FEMINIST PERSPECTIVES ON CONTRACT LAW, London: Glasshouse Press, 2005

Cardozo Legal Studies Research Paper No. 127

17 Pages Posted: 23 Jul 2005  

Peter Goodrich

Yeshiva University - Cardozo Law School

Abstract

This article authoritatively resolves the mystery of the mailbox rule. Using historical sources from several jurisdictions the author argues that the origin of the postal rule derives from early cases of breach of promise to marry. The offeree was favored and protected because the offeree was a woman. When the roots of the doctrine were lost, the principle that the fiction expressed was also forgotten. The future of assumptions relating to the time of formation of agreement are then reviewed.

Keywords: Contract, Offer and Acceptance, Mail Box Rule

Suggested Citation

Goodrich, Peter, The Posthumous Life of the Postal Rule Requiem and Revival of Adams v. Lindsell. FEMINIST PERSPECTIVES ON CONTRACT LAW, London: Glasshouse Press, 2005; Cardozo Legal Studies Research Paper No. 127. Available at SSRN: https://ssrn.com/abstract=760377

Peter Goodrich (Contact Author)

Yeshiva University - Cardozo Law School ( email )

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