Thomas v BPE Solicitors (A Firm)

 

[2010] EWHC 306

Email acceptance of offer


Article by Mills & Reeve LLP


There is no authority to say whether an email acceptance is effective when it arrives or at the time when the offeror could reasonably have been expected to read it. The question must be resolved by reference to the intentions of the parties, sound business practice and in some cases by where the risks should lie. In the present case, the email acceptance of a solicitor’s undertaking sent at 1800 on Friday evening was effective upon its receipt soon afterwards. In the context of a corporate transaction, 1800 was not outside working hours and the email was available to be read then despite the fact that the recipient had gone home.

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