2023년 2월 6일 월요일
What was the case law from English case Harvey v Facey?
Harvey v Facey [1893] UKPC is an English contract law case that dealt with the issue of communication of an acceptance in the formation of a contract.
In this case, the defendant, Facey, sent a telegram to the plaintiff, Harvey, offering to sell a piece of land in Jamaica. Harvey replied with a telegram saying "Will buy your lot." However, Facey never received Harvey´s telegram.
The court held that Harvey´s telegram was a valid acceptance of Facey´s offer, and a binding contract was formed between the parties. The court found that an acceptance could be communicated by any means that the offeror had authorized, and in this case, Facey had authorized the use of telegraph for communication.
The Harvey v Facey case established the principle of the "postal rule" in English contract law, which states that an acceptance of an offer is effective when it is posted, even if the offeror never receives it. This rule applies to contracts formed by post or by telegraph, and it was later extended to cover other forms of electronic communication.
The Harvey v Facey case is an important decision in English contract law and it has been widely cited in subsequent cases dealing with the communication of acceptance in the formation of contracts.
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