Household Fire Insurance Company v. Grant

Household Fire Insurance Company v. Grant

"Household Fire and Carriage Accident Insurance Company (Ltd) v. Grant" (1879) 4 Ex D 216 is an English contract law case concerning the postal rule.

Facts

Mr Grant applied for shares in Household Fire. The company allotted them to him and posted a letter containing a notice. What usually happened then is that the new shareholder would subsequently pay up the money to the value of the shares he had subscribed for. But the letter had never arrived. When the company went bust, the liquidators called on Mr Grant to pay the sums they said he owed. The question was whether, at the time of the letter's posting, there was an effective acceptance and hence a binding contract for the shares.

Judgment

The majority of the Court of Appeal (Tehsiger and Baggally LJJ) held that acceptance of the share contract was effective when posting, even though Mr Grant did not know it, under the mailbox rule.

Bramwell LJ made an important dissent. He said,


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