A period of time for acceptance fixed by the offeror begins to run from the time that the offer is dispatched. A time indicated in the offer is deemed to be the time of dispatch unless the circumstances indicate otherwise. 

 

COMMENT

Whenever an offeror fixes a period of time for acceptance the question arises of when the period begins to run. According to this Article it begins to run from the moment the offer is dispatched, i.e. has left the sphere of control of the offeror. As to when this occurs there is a presumption that the time of dispatch is the time indicated in the offer. For instance, in the case of a letter, the date of despatch will be the date shown on the letter; in the case of an e-mail, it will be the time indicated as the sending time by the offeror’s server; etc. However, the presumption may be rebutted if in a given case the circumstances indicate otherwise. Thus, if the date shown on a fax letter is prior to the sending date printed by the fax machine, the latter date should prevail. Likewise, if the date shown on a letter is later than the delivery date of the letter, it is clear that the latter was written in by mistake and should therefore be disregarded.

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