acceptance Flashcards
rules of acceptance
- acceptance must be unqualified - all terms must be accepted
- acceptance must be communicated - any method except silence
Felthouse v Bindley
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.
what about if the offeror required a particular method of acceptance?
providing it is effectively communicated, the offeror can require a specific method of acceptance
the postal rule
acceptance by post takes place as soon as the letter is posted - at the moment the reply is sent
Adams v Lindsell
(postal rule)
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.
postal rule only applied if 3 requirements are satisfied:
> 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
acceptance by electronic methods
> Brinkibon v Stahag Stahl
Thomas v BPE solicitors
Brinkibon v Stahag Stahl
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
Thomas v BPE solicitors
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