The complainants allotted shares to Mr Grant and they completed this contract by posting him a letter with notice of the allotment. Thirdly. As to the authorities, I shall not re-examine those in existence before the British and American Telegraph Co. v. Colson But I wish to say a word as to Dunlop v Higgins;[3] the whole difficulty has arisen from some expressions in that case. Court of Appeal held that acceptance takes effect on posting even though it never reaches the offeror because it is lost in the post. HOUSEHOLD FIRE INSURANCE COMPANY v. GRANT. What is the principle? The court held that the liquidator was entitled to recover this money, as there was a binding contract between Mr Grant and the Household Fire Insurance company. The liquidator sued. What is he to do but to act on the negative, that no communication has been made to him? That as a consequence of or involved in the first proposition, if the acceptance is written or verbal, i.e., is by letter or message, as a rule, it must reach the proposer or there is no communication, and so no acceptance of the offer. He says the proposer may guard himself against hardship by making the proposal expressly conditioned on the arrival of the answer within a definite time. The acceptor, in posting the letter, has, to use the language of Lord Blackburn, in Brogden v Directors of Metropolitan Ry Co,[1] “put it out of his control and done an extraneous act which clenches the matter, and shews beyond all doubt that each side in bound.” How then can a casualty in the post, whether resulting in delay, which in commercial transactions is often as bad as no delivery, or in non-delivery, unbind the parties or unmake the contract? About Legal Case Notes. SMITH v. STATE FARM FIRE AND CASUALTY COMPANY, No. Do you have a 2:1 degree or higher? Household Fire Insurance Co v Grant: CA 1879. Pages: 31. Grant had negotiated to purchase shares in Household Fire. It contains an important dissenting judgment by Bramwell LJ, who wished to dispose of it. Example: If the property is insured for Rs 20 lakhs under fire insurance and it is damaged by fire to the extent of Rs. Later the company went bankrupt, and asked Mr Grant for the outstanding payments on the shares, which he refused saying there was no binding contract. VAT Registration No: 842417633. 1879 in Law: Household Fire Insurance Company V Grant by LLC Books. Not illustrated. Liability Insurance Property Owners Shop Insurance Office Insurance The defendant, Mr Grant, applied for shares in the complainant’s company, the Household Fire Insurance. The Household Fire and Carriage Accident Insurance Company (Limited) v Grant (1878–79) LR 4 Ex D 216 is an English contract law case, which concerns the "postal rule". State Farm relies on Snellen v. State Farm Fire & Casualty Co, 675 F.Supp. When denying claims, insurance companies should provide a specific reference to the policy and a written statement of facts explaining the denial. Household Fire & Carriage Accident Insurance Co v Grant (1879) LR 4 Ex D 216 This case considered the issue of the acceptance of a contract and whether or not a contract for the purchase of shares by a shareholder was complete upon the posting of the acceptance by the company even though this acceptance did not reach the shareholder and was lost in the post. It is impossible in transactions which pass between parties at a distance, and have to be carried on through the medium of correspondence, to adjust conflicting rights between innocent parties, so as to make the consequences of mistake on the part of a mutual agent fall equally upon the shoulders of both. Nor is the question whether, when the letter reaches an offerer, the latter is bound and the bargain made from the time the letter is posted or despatched, whether by post or otherwise. Suppose a reward for information, information posted does not reach, some one else gives it and is paid, is the offerer liable to the first man? Routledge v Grant [1828] 4 Bing 653. Where an offer has been made to a person who is expressly or by implication authorized to accept such offer by post, then, as soon as a letter containing an acceptance is posted, correctly addressed to the offerer, the contract is complete, I ask why is it? 1879 in Law: Household Fire Insurance Company V Grant by LLC Books. Lord Justice Bramwell dissented, arguing that the postal rule can hinder transactions and that acceptance should only be effective once the letter arrives. That those who affirm the contrary say the thing which is not. Then, as was asked, is the principle to be applied to telegrams? There is no reason in it; it is simply arbitrary. Home insurance is a type of insurance product that protects your property and your belongings. Meanwhile I wish to mention some elementary propositions which, if carefully borne in mind, will assist in the determination of this case: First. Household Fire Insurance Co. v. Grant (1879). It is enough that it is to be inferred that it is to be, and if it is to be it must be within a reasonable time. The letter was lost in the post and he never received the acceptance. It is said that a contrary rule would be hard on the would-be acceptor, who may have made his arrangements on the footing that the bargain was concluded. Utilizziamo cookie e altre tecnologie simili per migliorare la tua esperienza di acquisto, per fornire i nostri servizi, per capire come i nostri clienti li utilizzano in modo da poterli migliorare e per visualizzare annunci pubblicitari. Websites, come to us direct and see how much you can also browse our articles... 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