Joubert v Enslin (1910): When Is a Contract Formed?

Citation: Joubert v Enslin 1910 AD 6
Court: Appellate Division
Area: Law of Contract

📚 View the full case →

🎯 Why It Matters

Joubert v Enslin established the postal rule in South African contract law. A contract is formed when acceptance is posted, not when received.

Key takeaway: Once you post an acceptance letter, the contract is binding — even if it gets lost in the mail!

📋 The Facts

• Joubert made an offer to Enslin by post
• Enslin posted a letter of acceptance
• Before the letter reached Joubert, circumstances changed
• Question: When was the contract concluded?

📖 The Ratio

A contract concluded by post is formed when the offeree posts the acceptance, not when the offeror receives it. This is the postal rule (expedition theory). The rule applies unless the offer specifically requires receipt of acceptance.

💡 Exam Application

Analyzing contract formation:

Step 1: How was the offer communicated? (Face-to-face, telephone, post, email)

Step 2: If by post → Apply postal rule:

• Contract formed when acceptance posted
• Doesn't matter if letter gets lost
• Doesn't matter if offeror changes their mind

Step 3: Exception — If offer says "acceptance must reach me" → reception theory applies

Step 4: Modern twist — Does postal rule apply to email/SMS? (Debated)

🔗 Related

• Kergeulen Sealing v Commissioner (1939) — Application of postal rule
• Hendy Lennox v Puttick (1984) — Withdrawal of offer before acceptance posted
• Electronic communications — Does postal rule apply to email? (unclear)

✅ Quick Rules

Tags: #contract #postalrule #offerandacceptance #contractformation