Hard2 marksMultiple Choice
The law of obligationsThe law of obligationsContract formation

ACCA · Question 46 · The law of obligations

Section B - Scenario 1

NovaStream Ltd is a tech startup developing AI software. On 1st May, NovaStream emails a supplier, DataCore, offering to buy 50 servers for £100,000, stating 'Please reply by 5th May'. On 2nd May, DataCore posts a letter accepting the offer. On 3rd May, NovaStream finds a cheaper supplier and emails DataCore revoking the offer. DataCore's letter of acceptance arrives on 6th May.

Has a binding contract been formed between NovaStream Ltd and DataCore?

Answer options:

A.

No, because the revocation was communicated before the acceptance was received.

B.

No, because the acceptance arrived after the 5th May deadline.

C.

Yes, because the postal rule applies and acceptance occurred on 2nd May.

D.

No, because an email offer must be accepted by email.

How to approach this question

Apply the postal rule of acceptance and the rules for revocation of an offer to the timeline of events.

Full Answer

C.Yes, because the postal rule applies and acceptance occurred on 2nd May.✓ Correct
Under the postal rule (Adams v Lindsell), acceptance by post is effective the moment it is properly posted (2nd May). Revocation of an offer must be communicated to be effective (Byrne v Van Tienhoven). Since the contract was formed on 2nd May, the revocation on 3rd May is too late, even though the letter arrived after the deadline.

Common mistakes

Thinking the letter arriving late invalidates the acceptance, or that revocation is effective when sent rather than received.

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