Acceptance

Question 1

Rules of Acceptance

Answer 1

• Effective from time communcated to offeror
• Only Offeree can accept offer
• Silence does not constitute acceptance
• Acceptance must be mirror image of offer
• Acceptance may be communicated in any manner unless specificall prescibed

Question 2

Felthouse v Bindley

Answer 2

Silence does not constitute acceptance
C sent letter to D stating if he didnt hear any more on the matter he would consider his offer to buy the horse accepted

Question 3

Hyde v Wrench

Answer 3

Must be Mirror Image of offer if not its a counter offer
D offered 1000
C countered with 950
D rejected
C tried to accept original

Question 4

Yates Building Co v Pulleyn

Answer 4

D granted plantiff an option to buy land
Excerisbale by notice sent by registered post
Plantiff sent accpetance by regular post
Court held that this method was valid
as no disadvantage to offeror

Question 5

Methods of Acceptance

Answer 5

Verbal
Conduct
Postal
Electronic

Question 6

Entores v Miles Far East

Answer 6

VERBAL
Denning LJ said
“if a man shouts an offer across a river but the reply isnt heard as a plane is flying overhead, there is no contract. Offeree must wait and shout back his reply”

Question 7

Carlill v Carbolic Smoke Ball Co

Answer 7

Her conduct in following the instructions of the Unilateral offer was enough to constitute acceptance

Question 8

Adams v Lindsell

Answer 8

Placing a letter in the Control of the Post Office constiutes binding acceptance

Question 9

Postal Rule

Answer 9

• Only applies to letter of acceptance
• Only applies if post is ususal means of communication
• Acceptance only takes place if letter is delayed or lost in post
• Offeree can prove acceptance letter was posted

Question 10

Grant 1879

Answer 10

Postal Rule applies even if letter is lost or delayed in post

Question 11

Bryne v Van Tienhoven

Answer 11

Postal Rule deos not apply to revocation letters

Question 12

Exceptions to Postal Rule

Answer 12

• Letter was incorrectly posted
• If it not contemplated that the post would be used
• Letter incorrectly addressed
• Offeror has ousted the postal rule

Question 13

Entores v Miles Far East Corp (Elec)

Answer 13

General rule of acceptance for instanteaonus means - takes place as soon as reccived by offeror

Question 14

Mondial Shipping v Astarte Shipping

Answer 14

Held that if sent out of buisness jhours it would be considered to be reccived next buissness day
Teletex sent at 23:41 Friday 2 Dec - Court held reccived Monday 5

Question 15

Thomas v BPE Solicitors

Answer 15

Court held email was to be treated the same as other instanteaneous means,
“Ordinary Buissness hours depend on prior context of parties”

Question 16

A.11 Electronic Commerce Regulations

Answer 16

Onlien acceptance occurs when the website acknokwledges reccvied the acceptance
eg. why websites say order processed rather than accpeted