Mailbox rule presumption
The "mailbox rule" is a legal principle that presumes a document, such as a letter or contract, was received by the intended recipient on the date it was mailed, as long as it was properly addressed and postage was paid. This presumption is often used in contract law and other areas of law to determine the effective date of a document's delivery.
The mailbox rule is based on the idea that, once a document is mailed, it is considered to be in the possession of the postal service, and it is presumed that the postal service will deliver the document to the intended recipient in a timely manner. As a result, the recipient is presumed to have received the document on the date it was mailed, unless there is evidence to the contrary.
The mailbox rule is often used to determine the effective date of a contract or other agreement. For example, if a contract is mailed to a party on a certain date, the mailbox rule would presume that the contract was received by that party on that date, and the contract would be considered to be in effect as of that date.
The mailbox rule is not without its limitations, however. For example, if the document is lost or destroyed in transit, the mailbox rule would not apply, and the effective date of the document would be determined by other means. Additionally, the mailbox rule may not apply in situations where the document is sent by a method other than regular mail, such as by fax or email.
Some of the key presumptions of the mailbox rule include:
- Proper address: The document must be properly addressed to the intended recipient.
- Proper postage: The document must have the correct postage paid.
- Mailed: The document must be mailed, rather than sent by some other means.
- Timely delivery: The postal service is presumed to deliver the document in a timely manner.
The mailbox rule is often used in conjunction with other legal principles, such as the "mailbox rule" in contract law, which provides that a contract is considered to be formed when the last party to accept the offer receives the acceptance.