The Posthumous Life of the Postal Rule Requiem and Revival of Adams v. Lindsell
Yeshiva University - Cardozo Law School
FEMINIST PERSPECTIVES ON CONTRACT LAW, London: Glasshouse Press, 2005
Cardozo Legal Studies Research Paper No. 127
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.
Number of Pages in PDF File: 17
Keywords: Contract, Offer and Acceptance, Mail Box Rule
Date posted: July 23, 2005