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on 31-08-2013 02:26 PM
@digital*ghost wrote:I meant cancellation of the contract between the sender and AP - you're assuming that retreiving the article from AP = failure to supply the item, but that might not be the case as retreiving it doesn't mean it won't be resent (sender could have packaged an incorrect or incomplete item, for example).
OK, we're getting closer, *oops lost my train of thought*
What we need is the answer to my question. Is it legal for an item to be retrieved once posted. Common Law surrounding acceptance via post leads me to believe no, but I don't know if the principle is transferrable.
ok, point taken as to supply of the item.
In theory, if it is legal to retrieve a postal item, then if aus post voluntarily hands the item over (ie, you didn't swipe it out of the post box) then that would indicate that they have agreed to cancel the contract. A contract can be cancelled with mutual agreement.
Some people can go their whole lives and never really live for a single minute.