Acceptance Flashcards
What is acceptance
The final agreement to all the terms of the offer
If a yes if followed by ‘but’ or ‘if’ what does that mean for acceptance
There is none
Can silence amount to acceptance
No, it has to be communicated to the offeror
What case would you use for acceptance must be communicated
Felthouse v Bindley
What form can acceptance take
Any- writing, words and even implied by conduct
What case would you use for acceptance can be in any form
Yates v Pulleyn
When does acceptance occur with the postal rule
At the time if it being posted not at the time of it being received
What is the 3 part test for the postal rule
1.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
What case would you use for the postal rule
Adams v Lindsell
What is a specific statement that can render the postal rule invalid
If they wanted a notice in writing
What case would you use for specific statements can render the postal rule invalid
Holwell securities v Hughes
When is verbal acceptance completed
Once the offeror has heard the acceptance
What case would you use for the offeror must hear the acceptance for verbal acceptance to be complete
Entores v Mile far east
What is an issue with verbal acceptance on things such as a phone
The line may be unclear or the call may drop
What have the courts refused to extend the postal rule to
A fax, email or other electronic methods
