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
Due to out of hours messages causing a problem, what have courts held
That only once the office opens is the acceptance effective
What case states that an office must be open for acceptance to occur
Brinkibon v Stahag Stahl
What act was created to formalise the area of electronic methods of communication
Consumer protection (distance selling) regulations 2000
Who does Consumer protection (distance selling) regulations 2000 offer protection to as well as clarity
Consumer and sellers
Where do the regulations in Consumer protection (distance selling) regulations 2000 apply
To the sale of goods via modern methods of communication such as fax, telephone, internet, email and mail order
What does regulation 7 state in Consumer protection (distance selling) regulations 2000
The seller is under obligation to provide the purchaser with minimum information
What does regulation 8 of Consumer protection (distance selling) regulations 2000 state
Written conformation must also be given
What is a 14 day cooling period in Consumer protection (distance selling) regulations 2000
This allows a consumer to withdraw their acceptance within 14 days, so log as there has been no face to face contact between the buyer and the seller
What are some exclusion to the 14 day cooling period in Consumer protection (distance selling) regulations 2000
Contracts for the sale of land, purchase of something from a vending machine, contracts for transport and leisure and contracts to supply food for everyday consumption
When is a contract made via technological means
Contract is made when they buyer receives acknowledgement of receipt from the seller
