acceptance

Question 1

rules of acceptance

Answer 1

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

Question 2

Felthouse v Bindley

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

the postal rule

Answer 4

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

Question 5

Adams v Lindsell
(postal rule)

Answer 5

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.

Question 6

postal rule only applied if 3 requirements are satisfied:

Answer 6

> 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

Question 7

acceptance by electronic methods

Answer 7

> Brinkibon v Stahag Stahl
Thomas v BPE solicitors

Question 8

Brinkibon v Stahag Stahl

Answer 8

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

Question 9

Thomas v BPE solicitors

Answer 9

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