Wikiversity Law Reports/Adams v Lindsell



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Summary
This contract law case established the. If two parties have agreed to communicate by post, then acceptance of an offer becomes effective when the offeree posts a correctly addressed and stamped letter, even the if the post is delayed in reaching the offeror.
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Background
Lindsell, the defendant, wrote a letter on 2 September, offering to sell some wool to Adams, the claimant, and asked for a reply "in the course of post", but the letter was delayed and did not arrive until 5 September. Adams replied on the same day as receiving the offer but this letter was also delayed in the post. Seven days had passed between the sending of the offer and the receipt of the reply.

The defendant was unaware of the delay and expected a reply by 7 September. Five days after sending the offer, Lindsell sold the wool to a third party on 8 September, under the assumption that Adams were not interested in it.

When the expected wool was not delivered, Adams sued for breach of contract. Lindsell argued that the contract could not have formed until they had received the acceptance letter, and they could dispose of the wool before then.
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Held
The contract was formed at the moment the letter of acceptance was posted, irrespective of how long it took to reach its destination. Law J stated that there was a "fictional meeting of minds" at the post box, which preceded the sale of the wool to the third party.
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