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英语翻译The relevant language here is,"The saidoption shall be e

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英语翻译
The relevant language here is,"The said
option shall be exercised by notice in writing to the intending vendor
...," a very common phrase in an option agreement.There is,of course,
nothing in that phrase to suggest that the notification to the defendant could
not be made by post.But the requirement of
"notice ...to," in my judgment,is language which should be taken
expressly to assert the ordinary situation in law that acceptance requires to
be communicated or notified to the offeror,and is inconsistent with the theory
that acceptance can be constituted by the act of posting,referred to by Anson's
Law of Contract,23rd ed.(1969),p.47.as "acceptance without
notification."
It
is of course true that the instrument could have been differently worded.An
option to purchase within a period given for value has the characteristic of an
offer that cannot be withdrawn.The instrument might have said "The offer
constituted by this option may be accepted in writing within six months:
"in which case no doubt the posting would have sufficed to form the
contract.But that language was not used,and,as indicated,in my judgment,
the language used prevents that legal outcome.Under this head of the case
hypothetical problems were canvassed to suggest difficulties in the way of that
conclusion.What if the letter had been delivered through the letter-box of the
house in due time,but the defendant had either deliberately or fortuitously
not been there to receive it before the option period expired?This does not
persuade me that the artificial posting rule is here applicable.The answer
might well be that in the circumstances the defendant had impliedly invited
communication by use of an orifice in his front door designed to receive
communications.
不知道是哪个案例里出来的,没有完整读完整篇案例很难很好的翻译这段judgment.
这里相关的问题有Postal Acceptance Rule 和 Option.大意如下
第一段写的是合同里相关的条款是 “The said option shall be exercised by notice in writing to the intending vendor...,”没有说不可以用 postal acceptance rule.但是'notice to' 的要求需要这个offer 传达到offeror 那里,所以法院认为与 postal acceptance rule 不符.
注1 postal acceptance rule 说的是一旦acceptance 被寄出,就算是accept了.
注2 option 其实就是一个迷你合同,我给你钱,你 keep offer open,这里说到的合同就是指这个option 的合同]
第二段写的是 Option 是一个不可收回的Offer.法官说如果合同是如他写的那样,'the Offer constituted...' 那就很清楚寄信这个动作就形成了合同 [是不是 acceptance under postal acceptance rule )] 但是这个合同没有这么写,所以就无法达到 'that legal outcome'.法庭认为这类案子不适用 postal acceptance rule 因为门上的信箱就是acceptance 的方法.
[注 defendant must maintain efficient work practises to ensure acceptances are received,见
Brinkibon Ltd.v.Stahag Stahl und Stahlwarenhandelsgesellschaft m.b.H.[1983] 2 AC 34,41]