The court considered how the postal rule applied to the acceptance of an offer contained in an option. The option was to be exercised ‘by notice in writing to’ the grantor within the stipulated time.
Held: The exercise of the option was effective only when it was communicated to the grantor.
Judges:
Templeman J
Citations:
[1973] 1 WLR 757
Jurisdiction:
England and Wales
Cited by:
Appeal from – Holwell Securities Ltd v Hughes CA 5-Nov-1973
An option was to be exercised ‘by notice in writing’ before a certain date. The solicitors’ letter doing so was addressed to the defendant at his residence and place of work, the house which was the subject of the option to purchase, was posted by . .
Cited – Carmarthen Developments Ltd v Pennington SCS 24-Sep-2008
carmarthen_penningtonSCS2008
Contracts had been entered into for the sale of plots of land, which were conditional on planning permissions being approved by the purchaser. The buyer could waive the conditions to remove the sellers’ rights to resile. The buyer obtained the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 07 May 2022; Ref: scu.276449
