Acceptance Flashcards
Communication
Acceptance can be made verbally, in writing or through conduct.
Silence does not imply acceptance, it must be by a physical act.
(Felthouse v Bradley)
Unilateral acceptance
Acceptance can be inferred by conduct.
(Carlill v Carbolic Smoke Company)
Unilateral acceptance
Acceptance can be inferred by conduct.
(Carlill v Carbolic Smoke Company)
Prescribed acceptance
Requires that method to be used e.g. telephone or in person.
The postal rule.
(Adams v Linsell)
Acceptance is effective when the letter is posted.
- Correctly addressed and stamped
- Offeree proves letter has been posted
- Rule only applies if post is the usual or expected means of communication.
Acceptance will be valid if letter doesn’t arrive.
Acceptance by electronic communication
Contract is made where acceptance has been received.
Has to arrive within business working hours.