전자계약 성립시기 결정을 위한 메일박스규칙 적용의 타당성

Validity of Application of Mailbox Rule for Decision of Timing of an Electronic Contract Formation

&nbsp;&nbsp;Under the common law, acceptance is effective upon dispatch, even if it never reaches the offeror. Practical reason existence for applying the mailbox rule in common law is formation of contracts. The mailbox rule makes a sense of certainty and removes the possibility of the offeror&quot;s capricious revocation of the offer.<BR>&nbsp;&nbsp;The mailbox rule should be retained for contracts because electronic acceptance is not instantaneous and apply to electronic acceptances to create certainty in electronic contracting. Also, the mailbox rule will avoid an endless circle of communication to confirm the existence of a contract.