Acceptance

Question 1

What is acceptance

Answer 1

A final and unconditional agreement to the terms of an offer - no “if” or “but” as that would be a counter offer.

Question 2

What format can acceptance take

Answer 2

Any, if it is unequivocal and communicated.
Felthouse v Bindley - can’t be through silence
Yates v Pulleyn - if the offer requires a specific form of acceptance, this must be complied with, however registered or ordinary post didn’t matter if it arrived on time

Question 3

Postal rules

Answer 3

1. The rules only apply if post is the usual or expected means of communication
2. The letter must be properly addressed and stamped
3. The offeree must be able to prove the letter was posted
   Adams v Lindsell - contract begins when acceptance letter is posted

Question 4

Acceptance by conduct

Answer 4

The job precedes before the formal contract is agreed in all its detail
Reveille Independent LLC v Anotech International - counter offer accepted by conduct

Question 5

Electronic methods of communication

Answer 5

Brinkibon - out of hours messages only effective once office is reopened
Article 22 of the Electronic Commerce (EC Directive) Regulations 2002 states that the contract is made with a service provider when buyer has received electronically an acknowledgement of receipt
Thomas and Gander v BPE solicitors - acceptance if the message is within working hours

Question 6

Where goods are received without request

Answer 6

Unsolicited Goods and Services Act 1971 - where goods are received without request there can be no contract unless the acceptance is communicated to the sender