Mailbox rule contracts

The "Mailbox Rule" is a common law principle that applies to contracts in the United States. It states that when a party sends a signed contract to another party via mail, the contract is considered to be "complete" and binding on the parties as soon as the mail is deposited in the mailbox, regardless of whether the other party has actually received the contract or signed it.

The Mailbox Rule is based on the idea that the postal service is a reliable and efficient means of communication, and that once a contract is sent via mail, it is considered to be in the possession of the other party. This rule is often used in situations where a contract is sent to a party via mail, and the parties agree that the contract will be binding once it is received.

Here are some key points to consider when it comes to the Mailbox Rule and contracts:

  1. The contract must be signed: The Mailbox Rule only applies to contracts that are signed by the parties. If a contract is sent via mail without a signature, it is not considered to be binding.
  2. The contract must be sent via mail: The Mailbox Rule only applies to contracts that are sent via mail. If a contract is sent via email, fax, or other electronic means, the Mailbox Rule does not apply.
  3. The contract is considered complete: Once a contract is sent via mail, it is considered to be complete and binding on the parties, regardless of whether the other party has actually received the contract or signed it.
  4. The contract is binding on the parties: The Mailbox Rule means that the contract is binding on the parties as soon as it is sent via mail, regardless of whether the other party has actually received the contract or signed it.
  5. The contract can be revoked: The Mailbox Rule does not mean that the contract cannot be revoked. If a party wants to revoke a contract that was sent via mail, they must do so in writing and send it to the other party via mail.

Examples of when the Mailbox Rule might apply include:

It's important to note that the Mailbox Rule is a common law principle, and it may not apply in all jurisdictions. Additionally, the Mailbox Rule may not apply if the parties have agreed to a different method of contracting, such as electronic signatures or a specific delivery method.