Do you study / studies law?

[Mrs. Morale]

Do you study/studied Law? 

I don't study Law but I have take a Bus Law class.

What happen if...let's say...

M offered to saw a car for 5m & send a letter to S about the car. M told S to replay by letter no later than the 5th. S send a letter of acceptance on the 3rd but she send to the wrong address & M recieved it on the 20th. M sold the car on the 4th. S heard about this on the 5th & plans to sue. What should M do?

 

Please, I would really appreciate it!!!

 

Edit: @lighterxx, I think you said you study law? Can you help?

Edited October 31, 2020 by fullofjoy

[lighterxx]

If it's me, I would apply postal rule,explain how I applied it and conclude with a clear answer 

But at which country you are studying law o.o.that would change things alot

Edit: let me know of which country you are studying in, if it's America or UK, it should be accepted as a rule, and I can find you few example cases

Edited October 31, 2020 by lighterxx

[spopo]

what country?  Legality will change depending on the location.  There are laws that some countries have that others don't, even in business.  In many countries, unless there's a contract, M would be under no legal obligation to sell the car to S, even if the letter requesting it had made it to M on time.

Edited October 31, 2020 by spopo

[Mrs. Morale]

5 hours ago, lighterxx said:

If it's me, I would apply postal rule,explain how I applied it and conclude with a clear answer 

But at which country you are studying law o.o.that would change things alot

Edit: let me know of which country you are studying in, if it's America or UK, it should be accepted as a rule, and I can find you few example cases

 

3 hours ago, spopo said:

what country?  Legality will change depending on the location.  There are laws that some countries have that others don't, even in business.  In many countries, unless there's a contract, M would be under no legal obligation to sell the car to S, even if the letter requesting it had made it to M on time.

I live Jamaica but our legal system is based on the English law. So technically, England.

[lighterxx]

58 minutes ago, fullofjoy said:

 

I live Jamaica but our legal system is based on the English law. So technically, England.

Then you are lucky af lol

If i were you, I would use contract law based Postal Rule; a rule that states acceptance to contract is made WHEN letter was posted. You can check out Adams v Lindsell 1818 case for it if you want ( I can also send a copy of every case I mentioned if you cant find them on google). Its one of the key cases and a MUST to mention in a topic like this. 

When applying Postal Rule you are required to mention few things, which idk whether you should mention them (these are musts in Law course, but im not sure about for you);

1. Is it reasonable to use letter? (Eg. Henthorn v Fraser 1892) (For you, yes, M themselves made the offer to sell via letter)
2. Is letter of accepteance properly stamped and addressed? (eg. Re London & Northern Bank ex parte Jones 1990) (For you, its a NO so due check out and mention how you tried to apply every requirement of Postal Rule but this one did not apply)
3. Is letter of acceptance posted? (eg. Brinkibon v Stahag Stahl 1983) (Yes for you)
4. Is there any exclusions of Postal Rule in the contract? (Holwell Securities v Hughes 1974) (No for you)
5. Is it absurd to use postal rule? (absurd can be understood from case of Holwell Securities v Hughes 1974) (its not absurd for you) 

For your situaton, 2 does not apply, therefore we cannot use Postal Rule, meaning M would win the case even if S sued them. 

Even if you know this now, you should explain how others apply and 2 does not. I suggest you to read abstacts of the cases and understand what conclusion Judges found to be. Wikipedia is confusing to search for abstact so search for other sources if possible. 

You can also note down postal rule would still apply if M never received the letter if 2 applied as well. (eg. Household Fore Insurance Co v Grant 1879)

If you want more detail, I can send you some more cases specific to what you want to talk about

[Mrs. Morale]

3 hours ago, lighterxx said:

Then you are lucky af lol

If i were you, I would use contract law based Postal Rule; a rule that states acceptance to contract is made WHEN letter was posted. You can check out Adams v Lindsell 1818 case for it if you want ( I can also send a copy of every case I mentioned if you cant find them on google). Its one of the key cases and a MUST to mention in a topic like this. 

When applying Postal Rule you are required to mention few things, which idk whether you should mention them (these are musts in Law course, but im not sure about for you);

1. Is it reasonable to use letter? (Eg. Henthorn v Fraser 1892) (For you, yes, M themselves made the offer to sell via letter)
2. Is letter of accepteance properly stamped and addressed? (eg. Re London & Northern Bank ex parte Jones 1990) (For you, its a NO so due check out and mention how you tried to apply every requirement of Postal Rule but this one did not apply)
3. Is letter of acceptance posted? (eg. Brinkibon v Stahag Stahl 1983) (Yes for you)
4. Is there any exclusions of Postal Rule in the contract? (Holwell Securities v Hughes 1974) (No for you)
5. Is it absurd to use postal rule? (absurd can be understood from case of Holwell Securities v Hughes 1974) (its not absurd for you) 

For your situaton, 2 does not apply, therefore we cannot use Postal Rule, meaning M would win the case even if S sued them. 

Even if you know this now, you should explain how others apply and 2 does not. I suggest you to read abstacts of the cases and understand what conclusion Judges found to be. Wikipedia is confusing to search for abstact so search for other sources if possible. 

You can also note down postal rule would still apply if M never received the letter if 2 applied as well. (eg. Household Fore Insurance Co v Grant 1879)

If you want more detail, I can send you some more cases specific to what you want to talk about

THANK YOU SO MUCH!!! YOU HAVE NO IDEA HOW THIS MAKES ME FEEL, OMG!!!

Anyways, you said you could help more? Well you see...how can I say this...

 

I have a test tomorrow. It's a long case study. Idk what's it's about yet, well obviously. You mind helping, if you're free at that time??? PLEASE! It's at 4pm or 5pm EST

Edited October 31, 2020 by fullofjoy

[lighterxx]

1 hour ago, fullofjoy said:

THANK YOU SO MUCH!!! YOU HAVE NO IDEA HOW THIS MAKES ME FEEL, OMG!!!

Anyways, you said you could help more? Well you see...how can I say this...

  Hide contents

I have a test tomorrow. It's a long case study. Idk what's it's about yet, well obviously. You mind helping, if you're free at that time??? PLEASE! It's at 4pm or 5pm EST

While i dont mind helping what if i screw something up o.o? And tbh im a bit rusty at contract law if i make a mistake it would horrid rip, i can still help you best of my ability ofc, but i would say dont trust me fully ;-; just in case, especially since im not sure of your exam style too rip

Still if you feel like taking the risk, pm me your discord etc, and send me a screen shot of your question when things start from discord,would that be fine?

[lighterxx]

1 hour ago, fullofjoy said:

THANK YOU SO MUCH!!! YOU HAVE NO IDEA HOW THIS MAKES ME FEEL, OMG!!!

Anyways, you said you could help more? Well you see...how can I say this...

  Reveal hidden contents

I have a test tomorrow. It's a long case study. Idk what's it's about yet, well obviously. You mind helping, if you're free at that time??? PLEASE! It's at 4pm or 5pm EST

Also forgot to ask, do you know it's topic? Will it be like contract law? Or commercial law? Both are very different, and while I can help with contract, commercial is very very extreme to help not gonna lie rip, send me any types of hints you got if you want, and I can send you a case study so you can understand what to look out for.

[Mrs. Morale]

1 hour ago, lighterxx said:

While i dont mind helping what if i screw something up o.o? And tbh im a bit rusty at contract law if i make a mistake it would horrid rip, i can still help you best of my ability ofc, but i would say dont trust me fully ;-; just in case, especially since im not sure of your exam style too rip

Still if you feel like taking the risk, pm me your discord etc, and send me a screen shot of your question when things start from discord,would that be fine?

THANKS AGAIN!

It's a contract law case study. There is no discord; the teacher will email us the document & we have 2 hours to complete it & 15 minutes to upload it online.

1 hour ago, lighterxx said:

Also forgot to ask, do you know it's topic? Will it be like contract law? Or commercial law? Both are very different, and while I can help with contract, commercial is very very extreme to help not gonna lie rip, send me any types of hints you got if you want, and I can send you a case study so you can understand what to look out for.

That would be great!

No, I don't know the topic. All I know we will be given a long case study on contract law.

I'll PM you tomorrow once I receive the email.

[lighterxx]

2 minutes ago, fullofjoy said:

THANKS AGAIN!

It's a contract law case study. There is no discord; the teacher will email us the document & we have 2 hours to complete it & 15 minutes to upload it online.

That would be great!

No, I don't know the topic. All I know we will be given a long case study on contract law.

I'll PM you tomorrow once I receive the email.

Sure!! I suggested discord incase its online, so you can broadcast the screen to me if needed its around 8pm to 9pm for me I think, so do poke me a bit earlier 

[Mrs. Morale]

2 minutes ago, lighterxx said:

Sure!! I suggested discord incase its online, so you can broadcast the screen to me if needed its around 8pm to 9pm for me I think, so do poke me a bit earlier 

Idk how discord works. I'll figure it out!