Law Atlas

How The Law Decides
Sign In
Text size
100%
Theme
Doctrines

Mailbox Rule

Contract and Property Doctrine

Citation Formats

General Reference

APA Style

BibTeX

Origin Originated in the English case Adams v. Lindsell (1818).

The mailbox rule, also called the posting rule or the deposited acceptance rule, is an exception in the contract law of common law countries to the general principle that acceptance of an offer takes effect only when it is communicated to the offeror. Under the rule, acceptance sent by post becomes effective the moment it is placed in the mail, rather than when the offeror actually receives it, while an offer itself and any revocation of an offer still take effect only on receipt, so a revocation must reach the offeree before that offeree posts an acceptance. The rule developed through nineteenth-century English cases beginning with Adams v Lindsell in 1818 and continuing through Dunlop v Higgins in 1848, Household Fire and Carriage Accident Insurance Co Ltd v Grant in 1879, and Henthorn v Fraser in 1892. Its underlying rationale is that an offeror who invites acceptance by post implicitly authorizes the post office to receive that acceptance on behalf of the offeror, which places the risk of a lost or delayed letter on the offeror unless the offer expressly requires actual receipt instead.

Facts
Origin Period
Originated in the English case Adams v. Lindsell (1818). 1
Core Principle
An offer is deemed accepted the moment the offeree sends the acceptance, regardless of when or whether the offeror actually receives it. 1
Cross-Tradition Connections

Associated With

Mirror Image Rule, Doctrines

The mailbox rule and the mirror image rule are companion common law contract-formation doctrines governing when acceptance is effective and what counts as an acceptance.

In Legal System

Common law contract rule that acceptance is effective on dispatch rather than on receipt.

Sources
1. Mailbox Rule (Cornell LII Wex)
Cornell Law School Legal Information InstituteCornell LII Wex, Mailbox Rule entry, opening definitional sentence
Quote, Cornell LII Wex, Mailbox Rule entry, opening definitional sentence
The mailbox rule, also called the posting rule, refers to the default rule in contracts law for determining when an offer was accepted.
View the Source
1. Mailbox Rule (Cornell LII Wex)
Cornell Law School Legal Information InstituteCornell LII Wex, Mailbox Rule entry, discussion of Adams v. LindsellView the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0 open reader challenges)
No disputes yet. Spotted an error or a better source? Open the first one.

View At A Past Year

The atlas records no dated fact of its own for this entry, so there is no other year to choose.