Facts
- Hughes offered Holwell Securities at £45,000 option on his house, requiring “notice in writing” of acceptance
- Holwell Securities posted a letter of acceptance before the deadline, which was received after the deadline
Issue
- Did the postal rule apply to such a case
Decision
- No
Reasoning
- The postal rule can be ousted by the requirement of “notice in writing” or where it would lead to “manifest inconvenience or absurdity”
- In this case, notice in writing was required
