Contract law fax

  • Can you fax a contract?

    Fax copies can be considered legal documents and are often accepted as such in many agencies and establishments.
    Thanks to the almost flawless anti-tampering method when it comes to faxing, many businesses will accept a faxed copy of an original document, such a signed contract, as legally binding..

  • Does postal rule apply to fax?

    Introduction.
    The postal acceptance rule, created in 1818, arguably is not in line with laws on modern communication such as fax, email and e-commerce systems and subsequently attracts much criticism.Oct 26, 2021.

  • Is fax a contract?

    When it comes to business and financial issues, the legality of faxed documents depends on the particular use, case, state, jurisdiction, and the parties involved.
    Many lenders now view faxed documents as sufficient for completing a contract..

  • Is fax a legal document?

    Documents sent by fax are considered legally binding, especially if they are signed by a physical or digital signature.
    E-mails, on the other hand, are not always legally binding..

  • What is faxing a document?

    A fax -- short for facsimile and sometimes called telecopying -- is the telephonic transmission of scanned-in printed material, including text or images.
    Faxes are usually sent to a telephone number associated with a printer, fax machine or other output device..

  • What is the communication rule in contract law?

    Communication.
    Communication of the acceptance of an offer will normally be through words spoken or written in some form of document.
    With certain exceptions (see Postal Rule below), acceptance generally only occurs where the message of acceptance is received (Entores Ltd v Miles Far East Corporation (1955))..

  • Generally, to be legally valid, most contracts must contain two elements:

    1. All parties must agree about an offer made by one party and accepted by the other
    2. Something of value must be exchanged for something else of value.
    3. This can include goods, cash, services, or a pledge to exchange these items.
  • Introduction.
    The postal acceptance rule, created in 1818, arguably is not in line with laws on modern communication such as fax, email and e-commerce systems and subsequently attracts much criticism.Oct 26, 2021
fax gets lost in transmission. Under the general law of contract, the acceptance of an offer must be communicated to the offerer before a contract comesĀ 
WHILE it may well be true that a contract entered into by fax is legally binding, a fax itself is still not considered a legal document, whereas a telex is.

Overview

The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rul…

English case law

The rule was established by a series of 19th century cases, starting with Adams v Lindsell (1818) B & Ald 681, which was later confirmed and expanded in

American case law

The Court of Appeals for the Third District of Texas considered the mailbox rule in 1994 in the case of Cantu v Central Education Agency and others. The Texas …

Australian case law

In Tallerman & Co Pty Ltd v Nathan's Merchandise (1957) 98 CLR 93, 111-112 Dixon CJ and Fullagar J took a more restrictive view. "The general r…

Civil law jurisdictions

Civil law jurisdictions do not follow the postal rule. The classical civil law position is that acceptance, like any expression of will, can only be …


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