Classification of Email as a Form of Non-Instantaneous Communication

It is imperative to regulate the time, place and method of formation of contracts since they can create a domino effect of technicalities. These could include the liabilities, contractual obligations, the rights of either party to the contract, and also the jurisdiction a matter would fall under in case of discrepancy. To navigate this minefield of potential hassle, the Indian Contracts Act, 1872, hereafter referred to as the ICA, does recognise that a separate procedure must be entertained for non-instantaneous modes of communication, particularly mail or post, commonly known and hereafter referred to as the ‘Postal Rule’. This paper’s primary purpose is to analyse whether Email as a method of communication of proposal and acceptance, should be classified as instantaneous or non-instantaneous. As a result, another topic in focus will be to what extent, if at all, the Postal Rule applies to emails. This will necessarily include a discussion about the technological aspect of emails, to better our understanding of the true nature of the medium. We will also be analysing the effects such strict classification would have on email contracts, followed by some remarks concluding the discussion presented in the paper.