ABSTRACT
Unfortunately, because of the lack of clear authorities, it is very
difficult to give Darren a definitive answer. The principle suggested
above is that the acceptance should take effect when it is reasonable to
expect it to have been read. On the facts, it might then be argued that,
because Darren’s email is received by Anna’s computer within normal
office hours, it is reasonable to expect it to have been read immediately,
and that therefore he has a contract at 4.05 pm on Tuesday. On the
other hand, it is well known that people often only check their emails at
intervals. It would be quite reasonable for Anna not to have checked her
email until later in the day, or perhaps even until the following morning.
On balance, it would perhaps be reasonable for Darren to assume that
