Postal rule in acceptance via email
The fact that the digital world has conquered almost all aspects of life drives contracting parties to adopt a more expedient means of communication in their formation of a contract, which was traditionally executed in the paper form. Consequently, communication in most of contractual transactions n...
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| Format: | Article |
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Taylor & Francis
2018
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| _version_ | 1825721776824385536 |
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| author | Hashim, Rosmawani Che |
| author_facet | Hashim, Rosmawani Che |
| author_sort | Hashim, Rosmawani Che |
| collection | UM |
| description | The fact that the digital world has conquered almost all aspects of life drives contracting parties to adopt a more expedient means of communication in their formation of a contract, which was traditionally executed in the paper form. Consequently, communication in most of contractual transactions nowadays is generally no longer made on paper but shifts to paperless documents through technological devices such as email and other electronic forms. This article focuses on the issue of the application of a traditional postal rule in acceptance through post in a contemporary acceptance via email. In dealing with this issue, the approaches adopted by jurisdictions such as Singapore, Australia, as well as Malaysia are examined. The findings have established that at present, there is no definite answer due to the inadequacies of existing legal frameworks and provisions, amplified by the lack of judicial interpretations to provide clear resolution. Although in certain countries, the approaches are comparatively well defined, uncertainties remain and the clear way towards resolution appears to be far from defined. |
| first_indexed | 2024-03-06T05:55:30Z |
| format | Article |
| id | um.eprints-21919 |
| institution | Universiti Malaya |
| last_indexed | 2024-03-06T05:55:30Z |
| publishDate | 2018 |
| publisher | Taylor & Francis |
| record_format | dspace |
| spelling | um.eprints-219192019-08-08T07:54:58Z http://eprints.um.edu.my/21919/ Postal rule in acceptance via email Hashim, Rosmawani Che HF Commerce QA75 Electronic computers. Computer science The fact that the digital world has conquered almost all aspects of life drives contracting parties to adopt a more expedient means of communication in their formation of a contract, which was traditionally executed in the paper form. Consequently, communication in most of contractual transactions nowadays is generally no longer made on paper but shifts to paperless documents through technological devices such as email and other electronic forms. This article focuses on the issue of the application of a traditional postal rule in acceptance through post in a contemporary acceptance via email. In dealing with this issue, the approaches adopted by jurisdictions such as Singapore, Australia, as well as Malaysia are examined. The findings have established that at present, there is no definite answer due to the inadequacies of existing legal frameworks and provisions, amplified by the lack of judicial interpretations to provide clear resolution. Although in certain countries, the approaches are comparatively well defined, uncertainties remain and the clear way towards resolution appears to be far from defined. Taylor & Francis 2018 Article PeerReviewed Hashim, Rosmawani Che (2018) Postal rule in acceptance via email. Commonwealth Law Bulletin, 44 (1). pp. 111-127. ISSN 0305-0718, DOI https://doi.org/10.1080/03050718.2018.1552523 <https://doi.org/10.1080/03050718.2018.1552523>. https://doi.org/10.1080/03050718.2018.1552523 doi:10.1080/03050718.2018.1552523 |
| spellingShingle | HF Commerce QA75 Electronic computers. Computer science Hashim, Rosmawani Che Postal rule in acceptance via email |
| title | Postal rule in acceptance via email |
| title_full | Postal rule in acceptance via email |
| title_fullStr | Postal rule in acceptance via email |
| title_full_unstemmed | Postal rule in acceptance via email |
| title_short | Postal rule in acceptance via email |
| title_sort | postal rule in acceptance via email |
| topic | HF Commerce QA75 Electronic computers. Computer science |
| work_keys_str_mv | AT hashimrosmawaniche postalruleinacceptanceviaemail |