Adams v Lindsell [1818] - Case note PDF

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Adams v Lindsell [1818] Issue: → When does an acceptance of an offer, made by post, result in a contract coming into existence?

Defendants: → Adams Plaintiff: → Lindsell Material facts: → Adams offered to sell wool to Lindsell and asked for their reply ‘in the course of post’ → However, the offer letter arrived 2 days late at Lindsell’s due to a misdirection → Lindsell agreed to accept wool and posted his acceptance immediately → Adams had meanwhile sold goods to another person and received Lindsell’s letter afterwards

→ Lindsell sued for breach of contract The decision in the case: → Appeal successful – Lindsell’s acceptance was valid Reasons for the ratio decidendi: → Requiring an acceptance by post to arrive at its destination before being considered to be a valid acceptance of a contract is impractical and inefficient in terms of business efficacy

→ There is no need for the offeror to be aware that acceptance by post has been accepted Ratio decidendi: → When an offer is accepted by post, acceptance takes place at the date of posting

The deciding court: → Kings Bench Division – High Court...