Henthorn v Fraser [1892] 2 Ch 27

Facts

  • Henthorn v Fraser involved negotiations for the purchase of houses.
  • Mr. Fraser, the defendant, gave Mr. Henthorn, the complainant, a written option to purchase property for £750, valid for 14 days.
  • Before the 14 days expired, Mr. Fraser sent a letter revoking the offer to Mr. Henthorn.
  • Before Mr. Henthorn received the revocation letter, he sent a letter accepting the offer to Mr. Fraser.
  • The parties were in different towns, raising the issue of whether it was reasonable to use the post for acceptance.
  • The dispute centered on whether a valid contract had been formed before the offer’s revocation, depending on when acceptance became effective.

Issues

  1. Whether the postal rule for acceptance applied to the communication between Mr. Henthorn and Mr. Fraser.
  2. Whether acceptance became effective upon posting the acceptance letter or upon its receipt by the offeror.
  3. Whether it was reasonable, in the circumstances, for acceptance to be conveyed by post.

Decision

  • The Court of Appeal, led by Lord Herschell, held that a binding contract had been formed.
  • The court found that, as the parties were in different towns, it was within both parties’ contemplation that acceptance could be sent by post.
  • The postal rule applied, making the acceptance effective upon posting, regardless of when the revocation was received.
  • The judgment clarified that the postal rule only applies where it is reasonable for the offeror to expect acceptance by post.

Legal Principles

  • The postal rule states that acceptance is effective when properly posted, not when received, as first articulated in Adams v Lindsell and affirmed in Dunlop v Higgins.
  • Henthorn v Fraser limits the postal rule's automatic application, requiring it to be reasonable to use post for acceptance.
  • The reasonableness of the communication method depends on the context, notably the distance and manner of the offer.
  • The case distinguishes between immediate and delayed modes of communication, restricting the postal rule to the latter when appropriate.

Conclusion

Henthorn v Fraser established that the postal rule regarding contract acceptance only applies when postal communication is a reasonable expectation for both parties, thereby restricting its automatic use and emphasizing the significance of context in determining the effectiveness of acceptance.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal