In certain
exceptional circumstances the court will presume that an effective
communication of the acceptance has taken place even though, in fact, the
offeror has not read the acceptance.
Such a situation was explained by Megaw LJ in The Brimnes (1974) where he said
"... I think the principle which is relevant is this: if a notice arrives at the address of the person to be notified, at such a time and by such a means of communication that it would in the normal course of business come to the attention of that person on its arrival, that person cannot rely on some failure of himself or his servants to act in a normal businesslike manner in respect of taking cognisance of the communication, so as to postpone the effective time of the notice until some later time when it in fact came to his attention.'
