Section 1639

Citation: Section 1639
Parent Document: Tippett v. Daly, 10 A.3d 1123 (2010)
Jurisdiction: DC (municipal)
Effective Date: 2010-12-30
Original Source: https://www.courtlistener.com/opinion/2551230/tippett-v-daly/ ↗

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The tenant's arguments to the contrary are not persuasive. He urges us to interpose the "mailbox rule" that acceptance of an offer generally is effective "as soon as put out of the offeree's possession, without regard to whether it ever reaches the offeror...." RESTATEMENT (SECOND) OF CONTRACTS, § 63(a) (1981). We have seen no indication that the legislature intended to incorporate this common law rule by implication. Indeed, the language, history, and structure of TOPA seem to exclude this possibility. The plain language of § 42-3404.11(1) (applying to accommodations with five or more units) precludes use of the mailbox rule by providing that "the tenants shall ... deliver an application for registration [as a tenant organization] to the Mayor and the owner by hand or by first class mail within 45 days of receipt of a valid offer." Although use of the mail plainly is authorized, the application must be delivered within 45 days. It would be odd, indeed, if the legislature meant to take a radically different approach and incorporate the mailbox rule into a corresponding section of TOPA without at least mentioning that change. Cf. Orius Telecommunications, Inc., 857 A.2d at 1068 ("[W]e cannot endorse the mailbox rule because its application ignores the existence of relevant statutory language and would nullify the essential holding of the director's interpretation that the relevant date under the statute is that of receipt by the claimant.").[15]

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