Quote: nzwarriors.com "Actually that is incorrect for two reasons;
(A the offer which the Bulls would have sent would be an offer (with the terms and conditions attached) which is capable of being accepted. Whether the offeror has signed a document or not becomes irrelevant where both parties have intended to be bound aka "meeting of the minds" as per Adams v Lindsell. The acceptance of the offer would be at the moment of dispatch applying the postal rule Dunlop v Higgens. This would be at the moment Walker had sent the contract in the specified form.
(B the Court will not determine on the "balance of probabilities", but look at the contract objectively and how a reasonable person would have, or ought to have acted in those circumstances. Furthermore the "meeting of the minds" becomes a relevant consideration for the Court - Adams v Lindsell .'"
My legal experience is rusty, so forgive me if I'm barking up the wrong tree here, but Adams v Lindsell is primarily about contract dates with relation to the post, isn't it? In that case, both parties had signed the contract in question, but the issue came down to whether the contract was in force from the time the letter was posted or when it was received. Technology has changed somewhat since 1818, nowadays it's quite simple to fax/email a scan of the completed contract as confimation that it's been signed, or to phone (none of which were available in 181icon_cool.gif to confirm that it had been accepted.
Dunlop v Higgins on the other hand deals with the event that the signed contract never arrives through the loss of the post. In this case, again no-one has confirmed that the contract was actually signed by both parties. If it's the signing that's being disputed, as opposed to the sign contract arriving, neither precedent would be relevant.