These videos are amazing! So clear and easy to follow. One other thing about the mailbox rule, which was kind of covered in the "Power of Acceptance" portion. The Mailbox Rule also wouldn't apply when the offeror has explicitly stated another method as a valid form of acceptance, such as by saying, "you can accept this offer by email."
You are a lifesaver... thank you so much. You are right- I thought I understood the Mailbox Rule but I realize now that I did not! Thanks to you, now I do! Thank youuuuu ❤️🙏🏻
Thank you, I am starting to study for the Bar. I am a 31 y.o. Italian lawyer and I will attend an LL.M. in American Law in U.S.; after that, I will sit for the Bar.🙏 You are helping me a lot. God bless you.
I love these videos. I already bought Kaplan so I can't afford to buy this version but I am watching the free ones as I start early preparation for the Feb 2020 exam! :)
Question for you if you wouldn't mind clarifying something...you mentioned that there are two exceptions as to when the Mailbox Rule would constitute a valid acceptance: 1) if the offer was irrevocable or 2) if the offeree sends a termination before an acceptance. If the offeror is the master of the offer, what if the offeror expressly prohibits mailing an acceptance letter as a valid form of acceptance? That would not be a valid acceptance, right?
Please comment on my hypo: I.E.: MAIL BOX RULE: A sends B an offer in the mail to sell his car for $5,000. B receives the mail and decides to send A back a counteroffer for $4,250. B goes to the post office and sends A a counteroffer for $4,250 in regular mail. B walks to his car in the parking lot and see a similar car to what A was selling for $7,000 and decides to accept A offer. B rushes back and sends an overnight mail to A accepting his offer for $5,000. While waiting for B’s response, A gets an offer from Carvana for $6,000. A is a 1L student and knows Bishop taught him well. So, he waits to receives B’s response before accepting Carvana’s offer. A receives B's acceptance via express mail first. Then, later in the day, he receives B’s counteroffer. A wants to argue that there was no K. What would A & B argue respectively?
My analysis is as follows: I do think that B would have a much more solid of argument based on the facts. I would think A’s best argument would turn on “receive.” In other words, by “receive” does the mailbox rule mean physically receive the mail or the acknowledgement of the news within the mail itself. Depending on the meaning of “receive,” A could argue the latter and have a decent case. Moreover, if I was A’s attorney, I would use the timing of when B sent the mail to help make a reasonable inference that someone in A’s position (with his decent understanding of the mailbox rule from professor Bishops class) would look to the timing of when the mail was sent and then open them accordingly. Thus, while A did receive the express mail before the regular mail, that does not mean that A “received” (the content of the mail) the acceptance to the offer before the counteroffer.
Does this include your home mailbox? Say someone makes me an offer, then two days later revokes it. I could claim I put the acceptance in my mailbox earlier than it was revoked.
How does the mailbox rule apply to private sale offers on front porch forum or Facebook? I mean, I could receive on offer of a car for sale - no method of acceptance indicated - in a FPF email and unbeknownst to the offeror, I immediately run across the parking lot to the post office and get a stamped certificate of mailing of my acceptance. Only five minutes have passed. Two minutes later, someone else calls the offeror, accepts the offer, runs across the street to the neighbor, PayPal’s him the money, and drives the car away. He receives my mailed acceptance the next day. Do I have any rights?
Disclaimer- NOT A LAWYER. Just taking a stab at answering your question based on the video... A post on facebook of a car for sale is an ad. It's not an offer, it's an invitation for interested parties to make offers to buy. The same would go for email invites to purchase the car. You know, the ones where they plug in your name and send the same letter to each person- that says "Dear XXX, I'm reaching out to see if you'd be interested in buying..." they're mass mailing that to multiple buyers as a way to encourage buyers to make offers to buy. If multiple buyers hit their door at the same time with cash in hand, all buyers are making an offer to buy- which gives the seller the power to accept (and now they're the offeree!). I hope that helps. It can get a little murky!
No worries! The mailbox rule is a common law rule that was adopted by the UCC (it applies to both). I actually updated this video here: th-cam.com/video/GQ0VfUU3U9s/w-d-xo.html (might be more helpful).
@@studicata thank you so much - any tips on recall, acronyms? I have Themis and I fear looking for outside resources because I will quickly fall behind. I am having blurred lines between what I need to know for the FL portion v. MBE. So, basically, I just need to know all of it...but I am not getting some of the distinctions. If any, what would you recommend...(I know, vague and ambiguous) but luckily this isn't a sale of goods over $500 :)
The mailbox rule is a common law rule that was adopted by the UCC. Thus, on a contracts essay, you would apply the mailbox rule under both the common law and UCC.
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Hi i am a law student. And thinking of changing my course because I keep hearing people saying that you dont make as much money as people make it out to be. And the job availability is not good either. It's highly competitive to compete to get a law job Could you mind share your thought on this greatly appreciate it
![Contract Law: Acceptance of the Offer & the Mailbox Rule [LEAP Preview]](http://i.ytimg.com/vi/GQ0VfUU3U9s/mqdefault.jpg)
![Contract Law: Acceptance of the Offer & the Mailbox Rule [LEAP Preview]](/img/tr.png)
I have a contracts final coming up and this video is saving my life right now.
Awesome, you got this! 💪
Yeah, I just found this guy and I wish I knew about him in my first semester of 1L.
this are the best videos, better than quimbee, barbri and all other videos. THANK YOU!
No problem, happy to help! Thank YOU for you the support. 💪
Agreed!
These videos are amazing! So clear and easy to follow. One other thing about the mailbox rule, which was kind of covered in the "Power of Acceptance" portion. The Mailbox Rule also wouldn't apply when the offeror has explicitly stated another method as a valid form of acceptance, such as by saying, "you can accept this offer by email."
You are a lifesaver... thank you so much. You are right- I thought I understood the Mailbox Rule but I realize now that I did not! Thanks to you, now I do! Thank youuuuu ❤️🙏🏻
Thank you, I am starting to study for the Bar. I am a 31 y.o. Italian lawyer and I will attend an LL.M. in American Law in U.S.; after that, I will sit for the Bar.🙏 You are helping me a lot. God bless you.
You are a Godsend. You do an amazing job of making convoluted material make sense.
This is by far the best example/breakdown of contracts.
Thank you!
I love these videos. I already bought Kaplan so I can't afford to buy this version but I am watching the free ones as I start early preparation for the Feb 2020 exam! :)
I am contemplating if it is worth buying any other Bar Prep other than Studicata.
@@hoso2268 I don't know all what comes with Studicata
Does the paid preparation course of studicata have videos for all the topics or is it the same free ones?
Question for you if you wouldn't mind clarifying something...you mentioned that there are two exceptions as to when the Mailbox Rule would constitute a valid acceptance: 1) if the offer was irrevocable or 2) if the offeree sends a termination before an acceptance. If the offeror is the master of the offer, what if the offeror expressly prohibits mailing an acceptance letter as a valid form of acceptance? That would not be a valid acceptance, right?
Please comment on my hypo:
I.E.: MAIL BOX RULE: A sends B an offer in the mail to sell his car for $5,000. B receives the mail and decides to send A back a counteroffer for $4,250. B goes to the post office and sends A a counteroffer for $4,250 in regular mail. B walks to his car in the parking lot and see a similar car to what A was selling for $7,000 and decides to accept A offer. B rushes back and sends an overnight mail to A accepting his offer for $5,000. While waiting for B’s response, A gets an offer from Carvana for $6,000. A is a 1L student and knows Bishop taught him well. So, he waits to receives B’s response before accepting Carvana’s offer. A receives B's acceptance via express mail first. Then, later in the day, he receives B’s counteroffer. A wants to argue that there was no K. What would A & B argue respectively?
My analysis is as follows:
I do think that B would have a much more solid of argument based on the facts. I would think A’s best argument would turn on “receive.” In other words, by “receive” does the mailbox rule mean physically receive the mail or the acknowledgement of the news within the mail itself.
Depending on the meaning of “receive,” A could argue the latter and have a decent case. Moreover, if I was A’s attorney, I would use the timing of when B sent the mail to help make a reasonable inference that someone in A’s position (with his decent understanding of the mailbox rule from professor Bishops class) would look to the timing of when the mail was sent and then open them accordingly. Thus, while A did receive the express mail before the regular mail, that does not mean that A “received” (the content of the mail) the acceptance to the offer before the counteroffer.
You sir are a gift to allllllll law students. Thank you!!!
Thank you-happy to help!
A crash course series on civil procedure would be amazing!
th-cam.com/video/R3Ph3O_jj_I/w-d-xo.html
Boom!
what if you revoke by a phone call first and then send in acceptance letter does the mailbox rule apply?
I am watching your videos from Bangladesh. Amazing. It's helping me a lot. Thank you very much.
No problem, happy to help!
Great vid helped with my QS assignment thnx
Awesome! No problem.
Thank you so much for this video it helped me in my business law class.
Awesome. Glad this helped! 👍
What about acceptance by silence
How does the mail box rule apply to an email offer?
this is great!, thank you so much
No problem, happy to help!
New fan here. Thank you for the information.
any videos regarding operative expressions of assent under the statue of frauds?
Very helpful, THANK YOU!
Is there a link to your source on the mailbox rule exceptions?
Got it !! Thanks so much!!
Does this include your home mailbox? Say someone makes me an offer, then two days later revokes it. I could claim I put the acceptance in my mailbox earlier than it was revoked.
How does the mailbox rule apply to private sale offers on front porch forum or Facebook? I mean, I could receive on offer of a car for sale - no method of acceptance indicated - in a FPF email and unbeknownst to the offeror, I immediately run across the parking lot to the post office and get a stamped certificate of mailing of my acceptance. Only five minutes have passed. Two minutes later, someone else calls the offeror, accepts the offer, runs across the street to the neighbor, PayPal’s him the money, and drives the car away. He receives my mailed acceptance the next day. Do I have any rights?
Disclaimer- NOT A LAWYER. Just taking a stab at answering your question based on the video... A post on facebook of a car for sale is an ad. It's not an offer, it's an invitation for interested parties to make offers to buy. The same would go for email invites to purchase the car. You know, the ones where they plug in your name and send the same letter to each person- that says "Dear XXX, I'm reaching out to see if you'd be interested in buying..." they're mass mailing that to multiple buyers as a way to encourage buyers to make offers to buy. If multiple buyers hit their door at the same time with cash in hand, all buyers are making an offer to buy- which gives the seller the power to accept (and now they're the offeree!). I hope that helps. It can get a little murky!
Make this guy president
Is the mailbox rule CL or UCC why am I so confused on this
No worries! The mailbox rule is a common law rule that was adopted by the UCC (it applies to both). I actually updated this video here: th-cam.com/video/GQ0VfUU3U9s/w-d-xo.html (might be more helpful).
@@studicata thank you so much - any tips on recall, acronyms? I have Themis and I fear looking for outside resources because I will quickly fall behind. I am having blurred lines between what I need to know for the FL portion v. MBE. So, basically, I just need to know all of it...but I am not getting some of the distinctions. If any, what would you recommend...(I know, vague and ambiguous) but luckily this isn't a sale of goods over $500 :)
Is the mailbox rule valid under common law and U.C.C.? or just one?
The mailbox rule is a common law rule that was adopted by the UCC. Thus, on a contracts essay, you would apply the mailbox rule under both the common law and UCC.
Oh good u just saved me - but how do I distinguish the law for the state v mbe for all other 5909 subjects
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Hi i am a law student. And thinking of changing my course because I keep hearing people saying that you dont make as much money as people make it out to be.
And the job availability is not good either. It's highly competitive to compete to get a law job
Could you mind share your thought on this greatly appreciate it
backflips can't be reasonable.