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A note (and some questions) about the mailbox rule
Restatement (Second) of Contracts § 63 provides, in part, as follows:
Time When Acceptance Takes Effect.
Unless the offer provides otherwise,
1. An acceptance made in a manner and by a medium invited by an offer is operative and completes the manifestation of mutual assent as soon as put out of the offeree’s possession, without regard to whether it ever reaches the offeror; ...
A few questions:
- Is this consistent with the rule as stated in Adams v. Lindsell?
- Is this consistent with the objective approach?
- What problem is the mailbox rule trying to address? Do you think the mailbox rule is a satisfactory solution to that problem?
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