493, C.A. Perhaps in the end his contention was based upon much the same grounds as those upon which he sought to deny the significance of the words “notice in writing to” upon which I have founded the first part of this judgment. He asked me if I had heard from Messrs Brecher, the other people’s solicitors, and I said ‘No’. He said ‘Well, I have had a letter from them delivered to me today and I understand that you will be getting a letter as well, or a copy of this’. Facts Hughes offered Holwell Securities at £45,000 option on his house, requiring ânotice in writingâ of acceptance Holwell Securities posted a letter of acceptance before the deadline, which was received after the deadline If this construction of the option clause is correct, there is no room for the application of any rule of law relating to the acceptance of offers by posting letters since the option agreement stipulated what had to be done to exercise the option. Moreover, the defendant did not have knowledge of the existence of the combination of two letters which alone could be said to be an exercise of the option. (Q) Do you remember what he told you? The plaintiffs’ main contention below and before this Court has been that the option was exercised and the contract for sale and purchase was constituted at the moment that the letter addressed to the defendant with its enclosure was committed by the plaintiffs’ solicitors to the proper representative of the postal service, so that its failure to reach its destination is irrelevant. From its lay-out and content it is likely to have been based on a precedent in the Encyclopaedia of Forms and Precedents. Holwell Securities Ltd v Hughes Court of Appeal. The object of this subsection was to enable conveyancers to omit from instruments affecting property stipulations as to the giving of notices if they were prepared to accept the statutory ones. Later provisions include in this the Recorded Delivery service. When the provisions of section 196(4) are read into the agreement, as they have to be, the only reasonable inference is that the parties intended that the vendor should be fixed with actual knowledge of the exercise of the option save in the circumstances envisaged in the subsection. The Short Oxford English Dictionary gives as the primary meanings of the word: “Intimation, information, intelligence, warning,… formal intimation or warning of something”. (Transcript of the Shorthand Notes of The Association of Official Shorthandwriters, Ltd., Room 392, Royal Courts of Justice, and 2, New Square, Lincoln’s Inn, W.C.2). In my judgment, the factors of inconvenience and absurdity are but illustrations of a wider principle, namely, that the rule does not apply if, having regard to all the circumstances, including the nature of the subject-matter under consideration, the negotiating parties cannot have intended that there should be a binding agreement until the party accepting an offer or exercising an option had in fact communicated the acceptance or exercise to the other. I agree. Entores Ltd. MilesFar East Corporation  Q.B.327;  W.L.R.48;  AllE.R. The parties to the option agreement cannot have intended any such absurd result to follow. LORD JUSTICE LAWTON: The issue in this appeal was clear. MACPHERSON, Q.C. The option was to be exercisable 'by notice in writing' within 6 months. P had a contract with D whereby he had the option to purchase land, “exercisable by notice in writing” to D. P’s solicitors sent a letter to D requesting to buy land but this was never received. This case considered the issue of acceptance of a contract and whether or not acceptance of an offer to purchase a property was valid when it was posted and not actually received by the owner of the property. The object of this subsection, as also of subsection (3), is to specify circumstances in which proof of actual knowledge may be dispensed with. Holwell Securities Ltd v Hughes  âPost Officeâ by David Gilmour Blythe. Subsection (4) of the section provides that such a notice shall be sufficiently served if it is sent by post in a registered letter addressed to the person to be served by name at his abode or place of business, and that, if it is not returned through the post office undelivered, service shall be deemed to be made “at the time at which the registered letter would in the ordinary course be delivered”. , nothing in the event of no leave being sought wish to petition the House nor the defendant the of! 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