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HELP!! :( E-Commerce Bill 2000 and Postal Rule?

  • 16-11-2011 11:17am
    #1
    chris.jennings
    Closed Accounts Posts: 4 ✭


    Hey All,

    Revising for 2nd year exams and faced with a ridiculously easy question yet just hitting mental block.. Could anyone refresh my memory?

    Need to discuss the impact which the Electronic Commerce Act 2000 has had on the 'postal rule' in contract law.

    I know about section 20 of the act but anything else you could add to help my discussion? Quick summary if you could would really help me out and remind me of the areas to focus on..

    Cheers all,

    Chris


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    You should make reference to the effect of the postal rule (Adams v Lindsell), as well as the rules governing instantaneous communications. In particular, reference should be made to the cases of Entores Ltd, Brinkibon and Mondial Shipping as well as to sections 20 and 21 of the Electronic Commerce Act and Regulation 14 of the EC (Directive 2000/31 EC) Regulations 2003.

    Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. Contains the proposition that the postal rule does not apply to a communication by telex. It is also the case that the courts will not extend the postal rule to email communications.


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