Mail Box Rule (to the tune of ‘Pieces of Me’)
On a Monday I am mailing
an offer that is waiting
to give you power to accept
But on Tuesday I’m revoking
Cushing v. Thompson says my choking
Has gotta get there first you bet
Oh, the mail’s not so fast
Tienhoven didn’t get a telegram
Cause Byrne’s an ass
Ohhhh
Restatement 40 says I gotta
Send that revocation faster
Unless a contract I am after
Ohhhh
But you put acceptance in the mail
Before it even gets too me
And under section 63
We’ve got a contract
A contract
That’s legally binding
Palo Alto, pretty messy
An exception, and it's senseless
Protection an offeree doesn’t need
Because it’s an option acceptance
is effective with deposit,
that’s the rule generally
Ohh, Caldwell’s offer to Cline
Isn’t valid until mail opening
time
Ohhhh
The case of cotton trader Willis versus Postal Telegraph
Says trade custom is a laugh
Ohhhh
If you accept I’ll have to abide by that mailed offer
Revocation isn’t lawful
Cause that contract
Contract
Is legally binding
How will I know?
If your acceptance gets lost
It will still bind me
And I will have to pay the cost
Household Fire versus Grant, get lost
Yea
Friday, October 07, 2005
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