Acceptance

Question 1

Which case states that if a method of acceptance is specific it must be done by that to amount to valid acceptance

Answer 1

Manchester Diocesan v Commercial

Question 2

what case states that acceptance must be in response to the offer

Answer 2

R v Clarke- man convicted of a crime told info to protect himself not to claim reward- wasn’t In response to offer.

Question 3

What is the general rule on the communication of acceptance

Answer 3

acceptance is valid when it is communicated and then it is received and capable of being read

Question 4

what ways can acceptance be communicated

Answer 4

• verbally
• in writing
• by conduct - indicating expressly

Question 5

What is the postal rule and what case demonstrates it

Answer 5

the letter of acceptance is valid at the time it is posted rather than received.
- the contract is formed without the offeree knowing.
- proof of postage is key
- ADAMS V LINDSELL 1818

Question 6

what case states that even if the letter of acceptance never arrives, it is still effective.

Answer 6

Household fire Insurance v Grant 1879

Question 7

What are the requirements of the Postal rule?

Answer 7

• must be reasonable to use by post- Henthorn v Fraser
• acceptance must be in control of Post office and not sufficient when handed to post man- Re London & Northern Bank ex parte Jones 1900
• postal rule can be displaced by contrary intention (can be expressly or impliedly ecxcluded)- Holwell v hughes 1974

Question 8

What case states that the accpetance need not be communicated for unilateral contracts

Answer 8

when there is an offer for a unilateral contract, it will imply that there is no need to provide notification of acceptance. Performance of the required act will result in a contract.
- Carlill v carbolic smoke ball

Question 9

What is the rule for acceptance by silence and what case?

Answer 9

• Felthouse v bindley 1862
• silence will not be enough to accept an offer

Question 10

What is the general rule for acceptance by conduct found in which case?

Answer 10

Brogden v Metropolitan Railway
- can be sufficient if ur conduct is carried out without any objections

Question 11

What is the general rule and case for acceptance by conduct

Answer 11

Brogden v Metropolitan Railway
- can be sufficient if ur conduct is carried out without any objections

Question 12

what is the general rule and case for automated ticket and vending machines

Answer 12

Thornton v Shoe Lane Parking 1971
- acceptance takes place when the money is inserted.

Question 13

what is the general rule for acceptance by e-commerce, websites and email

Answer 13

EMAIL
- Academic opinion = acceptance when received
- Chwee Kin Keong v Digilandmall.com 2004- hinted that general rule of acceptance when received. legal position is unsure so important to make it clear.

WEBSITES
Electronic Commerce Regulations 2002 give indication
- Regulation 9 states traders must clearly indicate the procedures fro creating the contract
- Regulation 11 (1) (b)- obligation on traders to give customer effective means of identifying and correcting inout errors before placing orders.
- there should be no mistakes by the buyer- there is no need for a general rule to establish the parties intentions as they are identified by express terms.

Question 14

what is the general rule regarding acceptance of a business’ own printed standard terms

Answer 14

when businesses use their own standard forms, the contract is based on the last set of terms put forward before an act of acceptance.