... thus conclude the agreement binding on the date of the postage (i.e. the 22nd of July 2003). The postal rule applies though the Offeror never receives the letter of acceptance.2 At this stage the defendant will argue the price variation clause was not included in the offer they had sent and thus considered the acceptance void as it was in truth a counter-offer and as it was never received by the defendant, was never replied to. On the other hand the claimant had clearly notified clause 6 would apply in all its contracts for delivery as the company is subject to cost increases by the time the delivery is made (September first 2003). What we have here is a battle of the forms and Easy-Transport has in its favour Lord Denning's statement: "The battle is won by the man who fires the last shot. He is the man who puts ...

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