Allocation Of Postal Loss Risk To Offeror
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
17521_christian_wedding_cake · CONTRACTS · Choice AYes, because Mary mailed her acceptance.
Why it's attractive
The mailbox rule applies only when the acceptance is properly dispatched. A mailed-but-misaddressed or unstamped acceptance is NOT effective on dispatch. Visible from the stem: the acceptance was properly addressed and bore the correct postage, so the rule applies — but not because Mary merely mailed it.
Why it's wrong
The mailbox rule applies only when the acceptance is properly dispatched. A mailed-but-misaddressed or unstamped acceptance is NOT effective on dispatch. Visible from the stem: the acceptance was properly addressed and bore the correct postage, so the rule applies — but not because Mary merely mailed it.
17521_christian_wedding_cake · CONTRACTS · Choice BNo, because the post office lost the letter.
Why it's attractive
The mailbox rule exists precisely to allocate the risk of postal loss to the offeror. When an acceptance is properly dispatched, the offeror bears the risk that the letter is lost or delayed.
Why it's wrong
The mailbox rule exists precisely to allocate the risk of postal loss to the offeror. When an acceptance is properly dispatched, the offeror bears the risk that the letter is lost or delayed.
17521_christian_wedding_cake · CONTRACTS · Choice DNo, because Paul was excused from performance since he did not receive the letter.
Why it's attractive
The question is formation, not excuse. An offeror's failure to receive a mailed acceptance does not, by itself, constitute an excuse from performance. The mailbox rule is the dispositive doctrine.
Why it's wrong
The question is formation, not excuse. An offeror's failure to receive a mailed acceptance does not, by itself, constitute an excuse from performance. The mailbox rule is the dispositive doctrine.
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