Acceptance

Question 1

What is acceptance?

Answer 1

Confirms that the terms of the offer are agreed. Once an offer is accepted there is a binding contract

Question 2

How is an offer accepted?

Answer 2

Can be accepted in anyway, Silence is never acceptance (Felthouse V Bindley)

Question 3

Can you specify how acceptance is to be communicated?

Answer 3

Yes, However, the courts can waiver this and make acceptance valid anyway (Yates V Pulleyn)

Question 4

What are mandatory and directory instructions?

Answer 4

Mandatory = non-negotiable, if not followed, no contract
Directory = Not fundamental, if not followed there can still be a valid contract

Question 5

What are the three ways acceptance can take place?

Answer 5

Conduct (Carlill V Carbolic Smokeball Co.)
Post (Adams V Lindsell)
Electronic methods (Thomas V BPE Solicitors)

Question 6

What are the postal rules?

Answer 6

Post must be usual or expected means of communication
Letter must be properly addressed and stamped
Offeree must be able to prove postage

Question 7

When has acceptance taken place with electronic methods?

Answer 7

When it has been received