Acceptance Flashcards
What must be accepted?
the offer
When does the offer change in to a contract?
When the offer is accepted.
What must the acceptance do?
Mirror the offer
Not change the terms of the offer
Be communicated properly back to the offeror
What must the acceptance be?
Unconditional
Do enquiries about the offer amount to a counter-offer?
No. Stevenson v McLean
What are standard forms?
standard forms with terms and conditions they wish to contract on multiple times.
If two standard forms conflict which one is used?
Replaced by implying reasonable ones - Butler v Ex-Cell-O
If a valid offer is made when can the contract only be formed?
When the acceptance is communicated back to offeror.
Who is the only person who can accept the offer?
The offeree
When can an acceptance be validly made before it reaches the offeror?
The postal rule - Adams v Lindsell
What is the postal rule?
Acceptance is valid and contract is formed when the acceptance letter is posted, not when received.
When does the postal rule not suffice?
When it is clear that acceptance must be communicated to offeror before contract is formed
What happens if the acceptance is sent but not received whatsoever by offeror?
Still a valid contract.
Does it apply to instant communication? or emails?
Does not account for instant communication. Not clear whether it applies to emails.
Stevenson v McLean
Sell iron, agreed price and quantity. Asked a question and sent letter of acceptance. It wasn’t a counter offer, was still able to be accepted.
