Setting a reading intention helps you organise your reading. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 Facts: The defendant issued a grant to sell a property to the plaintiff. An offer is usually defined as an indication of the offeror’s willingness to enter into a contract with the party to the offeree upon the acceptance of terms. Holwell Securities claimed specific performance of the contract when Dr Hughes refused to complete the sale of his house. MACPHERSON, Q.C. The de­fen­dant, Dr Hughes, had granted a call op­tion with re­spect to his prop­erty at 571 High Road, Wem­b­ley to the claimants, Hol­well Se­cu­ri­ties Ltd, given the claimants the ir­rev­o­ca­ble right to pur­chase the prop­erty dur­ing the op­tion pe­riod for the spec­i­fied sum. Before making any decision, you must read the full case report and take professional advice as appropriate. [1892] 2 Ch. At first instance the claim was dismissed by Templeman J (reported at [1971] 1 WLR 757). ), This page was last edited on 23 August 2020, at 09:16. Holwell Securities Ltd v Hughes [1974] 1 All ER 161. Ordinarily, a contractual offer can be deemed to be accepted when it leaves the offeree and enters the postal system. Does the rule still have any real significance in today’s world of instantaneous, electronic On appeal it was held, dismissing the appeal, that the postal acceptance rule does not apply in every case, even if the parties involved consider the post to be an acceptable means of communication. As this had not happened, the claim failed. 161 is followed. Holwell Securities Ltd v Hughes [1974] 1 All ER 161. Share this case by email The defendant, Dr Hughes, had granted a call option with respect to his property at 571 High Road, Wembley to the claimants, Holwell Securities Ltd, giving the claimants the irrevocable right to purchase the property during the option period for the specified sum. Held: An acceptance had to be communicated to the seller before the relevant time. Holwell Securities Ltd v Hughes (1974) Follow @legalmax. It contained a clause stipulating that there must be notice (here, receipt of the offer) in writing within six months in order to exercise the option. We do not provide advice. This case sets a precedent for overriding the postal rule. Adams v Lindsell (1818) Household Fire Insurance Co v Grant (1879) II. Held: The exercise of the option was effective only when it was communicated to the … The postal rule remains good law, but the parties are in a position to remove its effect given the ubiquitous instantaneous forms of communication available. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Case Information. Ratio: The court considered how the postal rule applied to the acceptance of an offer contained in an option. Type Legal Case Document Date 1974 Volume 1 Page start 161 Page end 168 Web address ... Stilk v Myrick (1809) 170 ER 1168 Previous: Henthorn v Fraser [1891 H. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 is an English contract law case overriding the usual postal rule. Five days before the expiry, Holwell posted a letter exercising … Library availability. The entire wiki with photo and video galleries for each article Coram: Templeman J. The postal rule remains good law, but the parties are in a position to remove its effect given the ubiquitous instantaneous forms of communication available. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 is an English contract law case overriding the usual postal rule.Ordinarily, a contractual offer can be deemed to be accepted when it leaves the offeree and enters the postal system. There are also various other cases in which the postal rule has been used to enforce a contract, but the difficulty in simply applying this rule to the problem case is created by the postal strike.The impact of the postal strike must not be taken into account if the decision reached in Holwell Securities V Hughes (1974) 1 All E.R. This case document summarizes the facts and decision in Holwell Securities Ltd v Hughes [1974] 1 WLR 155. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Case Update: Assigned but not registered. Holwell Securities v Hughes [1973] EWCA Civ 5 [1974] WLR 155 [1974] 1 WLR 155 [1974] 1 All ER 161. ... (Holwell Securities v Hughes) ... Entores v Miles Far East Corporation must be considered. Why were opposing rules established and what impact does this have for the parties? The issue in the appeal concerned whether the postal rule applied and if there were any exceptions to this rule. Howard Kennedy | Property Law Journal | October 2012 #297 A recent complex case called for the judge’s interpretation of a lease that was assigned and not duly registered. Ratio: an acceptance had to be exercised by notice in writing ' within 6.! The facts and decision in Holwell Securities Ltd v Hughes [ 1974 1... Acceptance had to be exercised ‘ by notice in writing ' within 6 months ' lawyer stating that his was! Sale of his house for £45,000 Plaintiffs ) law provides a bridge course... Appellants ( Plaintiffs ) this rule case document summarizes the facts and decision in Securities! Months were up, Holwell posted a letter purporting to exercise the option, within the stipulated time mail was. 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