Adams v. Lindsell
1 B. & Ald. 681, 106 Eng. Rep. 250 (K.B. 1818)
A misdirected letter about wool and the moment the deal was done
- In one lineEn una línea
- An acceptance sent by post binds the offeror when it is mailed, so the offer cannot be revoked by selling to others before the letter arrives.Una aceptación enviada por correo obliga al oferente desde que se deposita, así que la oferta no puede revocarse vendiendo a otros antes de que llegue la carta.
- RuleRegla
- Where the offeror uses the post, acceptance is complete on dispatch of the letter of acceptance (R.2d § 63(a)); the offeror bears the risk of delay in the medium chosen.
- Why this case is herePor qué está aquí este caso
- The origin of the mailbox rule, assigned for Sept. 17 with the professor's mailbox analysis handout: acceptance by post is effective when it is sent, not when it arrives, so the sellers were bound before they knew it.
- Procedural posturePostura procesal
- Buyers sued the sellers for failing to deliver wool after the sellers, not having received an acceptance they expected, sold the wool to others; verdict for the buyers, upheld.
Facts
Lindsell wrote to Adams offering wool and asking for an answer in course of post. The letter was misdirected and arrived late; Adams mailed an acceptance the day it arrived. Expecting an answer earlier, Lindsell sold the wool to someone else before the acceptance arrived.
Procedural posture
Verdict for Adams; the court refused a new trial.
Issue
When was the acceptance effective: on mailing or on receipt?
Holding
On mailing. The sellers’ own misdirection caused the delay, and a rule requiring receipt would lead to an endless exchange of confirmations.
Reasoning
If acceptance required receipt, the offeror would need to confirm receipt, and the offeree that confirmation, and so on; the practical rule is that the contract is formed when the acceptance is put in the post.
Rule (own words)
Once the yes is in the mail, the offeror is bound, even if he does not know it yet; revocation must arrive before that.
Say the answer out loud before revealing each part. Rate yourself honestly; the case comes back sooner when you miss.Di la respuesta en voz alta antes de revelar cada parte. Califícate con honestidad; el caso vuelve antes si fallas.
Panic kit: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”Kit de pánico: “Could you repeat the question, please?” · “Let me make sure I have the facts right: …” · “I'm not certain, but I'd argue … because …”