Posting Rule - Australian Case Law

Australian Case Law

In Tallerman & Co Pty Ltd v Nathan's Merchandise (1957) 98 CLR 93, 111-112 Dixon CJ and Fullagar J took a more restrictive view. "The general rule is that a contract is not completed until acceptance of an offer is actually communicated to the offeror, and a finding that a contract is completed by the posting of a letter of acceptance cannot be justified unless it is to be inferred that the offeror contemplated and intended that his offer might be accepted by the doing of that act." The High Court included the element of intention.

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