acceptance Flashcards

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1
Q

rules of acceptance

A
  1. acceptance must be unqualified - all terms must be accepted
  2. acceptance must be communicated - any method except silence
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2
Q

Felthouse v Bindley

A

there were discussions about the purchase of a horse. The final letter from the offeror stated ‘if I hear no more, I consider the horse mine’. There was no further response.
No contract as an offer couldn’t be accepted by the silence or inactivity on the part of the offeree.

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3
Q

what about if the offeror required a particular method of acceptance?

A

providing it is effectively communicated, the offeror can require a specific method of acceptance

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4
Q

the postal rule

A

acceptance by post takes place as soon as the letter is posted - at the moment the reply is sent

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5
Q

Adams v Lindsell
(postal rule)

A

letter of acceptance was delayed in the post so Lindsell assumed Adams didn’t want the wool and sold it to someone else.
There was a valid contract because acceptance took place as soon as the letter was placed in the post box + there had been no communication about revocation.

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6
Q

postal rule only applied if 3 requirements are satisfied:

A

> if post is the usual or expected means of communication
the letter must be properly addressed and stamped
the offeree must be able to prove the letter was posted

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7
Q

acceptance by electronic methods

A

> Brinkibon v Stahag Stahl
Thomas v BPE solicitors

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8
Q

Brinkibon v Stahag Stahl

A

message sent by Telex
acceptance takes place when a message is opened
postal rule only applies to acceptance by post and not to modern instantaneous methods of communication

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9
Q

Thomas v BPE solicitors

A

take into consideration working hours - weekends will not be considered as reasonable time for the offer to be accepted
in this case 6pm on a Friday was considered to be a reasonably time to read an email

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