Acceptance Flashcards

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1
Q

Define acceptance

A

Unconditional agreement to all the terms of the offer

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2
Q

Does a request for information revoke the offer?

A

No

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3
Q

Case that shows a request for additional information does not revoke the offer.

A

Stevenson v McLean (1880)

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4
Q

Facts of Stevenson v McLean (1880)

A

Offer was for iron.
Offeree sent a telegram asking if he could pay in installments.
Offerer did not reply and sold the iron to a third party.
Offeree then sent a second telegram accepting the offer and the offerer could not supply the iron as it had been sold to someone else.
Offerer was liable for breach of contract as the offerees first telegram was a request for information not a counter-offer.

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5
Q

What forms can acceptance take?

A

Spoken word
Written word
Gesture

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6
Q

Does acceptance for a unilateral offer need to communicated?

A

No

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7
Q

Which case shows that for bilateral offers, the offeree must accept the offer, generally?

A

Felthouse v Bindley (1863)

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8
Q

Facts of Felthouse v Bindley (1863).

A

An uncle wanted to buy his nephew’s horse and wrote a letter saying: “If I hear no more about him, I shall consider the horse mine for £30.”
The nephew didn’t respond (although he did want to go through with the exchange) so there was no acceptance.

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9
Q

Which case shows that acceptance can, sometimes, be inferred from the actions of the parties?

A

Brogden v Metropolitan Railway (1877)

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10
Q

What is the postal rule?

A

States that a letter of acceptance taked effect from the moment of posting

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11
Q

What is the postal rule?

A

States that a letter of acceptance taked effect from the moment of posting

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12
Q

Case for postal rule.

A

Adams v Lindsell (1818)

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13
Q

Which 20th century case suggests that the postal rule does not apply to more modern technologies, for which acceptance only occurs when the acceptance is received?

A

Entores Ltd v Miles Far East Co. (1955)

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14
Q

First point Mondial Shipping and Chartering BV v Astarte Shipping Ltd (1995) clarified about postal rule for modern technologies.

A
  1. The postal rule does not apply for faxes, and the acceptance occurs at the moment of receipt.
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15
Q

Second point Mondial Shipping and Chartering BV v Astarte Shipping Ltd (1995) clarified about postal rule for modern technologies.

A
  1. What if fax has arrived but is not read?
    A reasonable test is applied.
    If it arrived in the middle of the night, this does not count.
    If inside office hours, it does.
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16
Q

Case which suggests time of acceptance for emails.

A

Thomas v BPE Solicitors (2010)

17
Q

Facts of Thomas v BPE Solicitors (2010).

A

Concerned whether a business email which arrived at 6pm on a Friday counted as an acceptance.
Appears to confirm that the postal rule does not apply to emails but instead judgement as to point of acceptance should be considered on a case-to-case basis, taking into account context, reasonableness and ‘sound business practice’.
In this case the court said there was acceptance.

18
Q

What did the Electronic Commerce (EC Directive) Regulations 2022 set out?

A
  1. When something is advertised on the Web, this is an invitation to treat.
  2. When you indication you wish to buy it, this is an offer.
  3. Even if the seller then accepts this offer, the contract is voidable (not legally binding) if basic information in the treat is incorrect
19
Q

What must a service provider (e.g , Ebay) do according to the Electronic Commerce (EC Directive) Regulations 2002?

A
  1. Provide receipts for orders (the offer) in a timely fashion.
  2. Allow purchasers to amend their order (offer) before it is sent.
  3. Provide their (the service providers) name and address.
20
Q

What does the Consumer Protection (Distance Selling) Regulations 2000 say?

A

If a contract is made at a distance (e.g., by letter/email/website) the consumer is entitled to a ‘cooling off’ period in which they can cancel the contract.
The cooling off period is 7 working days following the receipt of the goods.