Judgment
Law J said that if that was true it would be impossible to complete any contract through the post; if the defendants were not bound by their offer until the answer was received, then the plaintiffs would not be bound until they had received word that the defendants had received their acceptance, and this could go on indefinitely. Instead it must be considered that the offerors were making the offer to the plaintiffs during every moment that the letter was in the post. Then when the Offeree has placed his acceptance in the post there is a fictional meeting of minds, which concludes the offer and gives effect to the acceptance.
The acceptance did not arrive in course of post strictly speaking (all parties understood in course of post to refer to 7th of September). But because the delay was the default of the defendant it was taken that the acceptance did arrive in course of post.
Read more about this topic: Adams V Lindsell
Famous quotes containing the word judgment:
“The percept is the reality. It is not in propositional form. But the most immediate judgment concerning it is abstract. It is therefore essentially unlike the reality, although it must be accepted as true to that reality. Its truth consists in the fact that it is impossible to correct it, and in the fact that it only professes to consider one aspect of the percept.”
—Charles Sanders Peirce (1839–1914)
“The objects of a financier are, then, to secure an ample revenue; to impose it with judgment and equality; to employ it economically; and, when necessity obliges him to make use of credit, to secure its foundations in that instance, and for ever, by the clearness and candour of his proceedings, the exactness of his calculations, and the solidity of his funds.”
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“My judgment is that neither House of Congress, nor both combined, have any right to interfere in the count. It is for the Vice-President to do it all.... There should be no compromise of our Constitutional rights.”
—Rutherford Birchard Hayes (1822–1893)