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Holwell Securities v Hughes [1974] 1 WLR 155

Dr Hughes granted Holwell Securities an option to purchase his house for £45,000. The option was to be exercisable 'by notice in writing' within 6 months. Five days before the expiry, Holwell posted a letter exercising the option. This letter was never received by Hughes. Holwell sought to enforce the option relying on the postal rule stating the acceptance took place before the expiry of the option.

Held:

By requiring 'notice in writing', Dr Hughes had specified that he had to actually receive the communication and had therefore excluded the postal rule.
 
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