THE RELEVANT CASES OF POSTAL ACCEPTANCE RULE Adam v. LindsellIn the cases between Adams and Lindsell. The defendant, Lindsell, wrote to the plaintiff that Lindsell was offering to sell him a certain quantity of wool on September 2. Lindsell asked the plaintiff, Adam, to respond by mail. However, the letter was contained, the offer that was to be sent to Adam was poorly addressed. Lindsell should have sent the offer letter to Bromsgrove Leceister but it was sent in error to Bromsgrove Worcestershire. Adam did not receive an offer letter from Lindsell until September 5th. Due to this delay, the offer letter did not reach Adam until September 9 and he had to receive it. Because of the errors made, Lindsell could have expected to receive it two days later. By September 8, Lindsell had sold his wool and handed over the offer to the third party. Adam sued for the losses he suffered by not receiving the arrows. The affairs between Adam and Lindsell are the case considered where mutual assent to a mutual agreement occurs in the particular circumstances of a courier contract. If the offer was effective when it arrived at the address or when the defendant saw it, then no contract would have been made and the sale to a third party would amount to the revocation of the offer. However, the courts found that the offer was accepted upon sending the letter. Adam v Lindsell was in effect a contract existing before the sale of the wool to the third party, even though the letter had not actually been received by the defendant. The trial court ruled that Adam's acceptance was valid at the time Adam mailed it, and that anyone deferred in the process of receiving the acceptance which was in the middle of paper... ...we wanted to sue the recipient, Stahag for breach of contract. The postal rule does not apply to direct or instantaneous forms of communication, including telex. As telex was used here, the postal rule did not apply and the contract was concluded in Vienna. The Court also observes that although in the case of telex the message may not be received immediately by the intended recipient or agents or other third parties may receive the messages for transmission to the intended recipient, a telex sent directly from the recipient's company to that of the offeror. This is different from a telegram which uses a post office and must be treated as if it were an instant communication. If a telex is sent to an office, acceptance occurs when the telex arrives at the place of business, not when it actually reaches the person to whom it is addressed..