Also known as: dispatches · dispatched · dispatching · despatch
Written by attorneys · grounded in primary & secondary sources — see below
A sending of an acceptance by mail or other means from a distance that renders the acceptance operative upon dispatch when the acceptance is properly addressed and other precautions ordinarily observed to insure safe transmission are taken. An acceptance seasonably dispatched using an uninvited means or without reasonable diligence remains operative upon dispatch if received within the time a properly dispatched acceptance would normally arrive.
Diane Dawson mails an acceptance to Dominion Capital but omits the zip code on the envelope. The letter arrives after the offer has lapsed. Because the acceptance was not properly addressed, it is not operative upon dispatch and no contract forms.
Diego Duarte emails an acceptance using a medium the offer did not invite. The email arrives within the normal time for a mailed acceptance. The acceptance is treated as operative upon dispatch because it reached the offeror on time despite the uninvited means.
Select any source to read its text and confirm it supports the definition.
An acceptance sent by mail or other means from a distance is operative upon dispatch only if properly addressed and accompanied by the precautions ordinarily observed to insure safe transmission. An acceptance using an uninvited means or lacking reasonable diligence is still operative upon dispatch if received within the normal arrival time for a properly dispatched acceptance.
Supporting sources
No. An acceptance seasonably dispatched by an uninvited means remains operative upon dispatch if it arrives within the time a properly dispatched acceptance would normally have arrived.
Supporting sources
…a vessel, and neither Apache nor STS anticipated that a vessel would be necessary to perform the job. On February 24, 2011, STS dispatched a two-man crew to perform the work required by the work order. After an unsuccessful day of work, the STS crew determined that some heavy equipment was needed to complete the job and that a…