Acceptance Flashcards

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1
Q

Define ‘acceptance’

A

The unconditional acceptance of the terms proposed by the offeror

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2
Q

Jones v Daniel

A

The letter purporting to accept contained additional terms that were not included in the original offer, no contract was formed

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3
Q

Rules of acceptance - communication

A

Acceptance must be communicated, can be made expressly (written/verbally) or implied (by conduct as in unilateral contracts - Carlil)

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4
Q

Legal principle of Entores v Miles Far east corp

A

Contract was made when acceptance was received

It was received on the telex machine ‘during normal office hours’ even though it was no read till the next day

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5
Q

Legal principle of Brinkibon v Stahlag Steel

A

House of Lords established that the high court had no jurisdiction as the contract was formed in Vienna

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6
Q

Silence does not amount to acceptance

A

Felthouse v Bindley

  • No contract, silence does not amount to acceptance
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7
Q

Rules of acceptance 2

A

Must meet any stipulated method of acceptance - the offeror can set down specific method of acceptance

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8
Q

Eliason v Henshaw

A

No contract as the acceptance was no sent by wagon

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9
Q

Rules of acceptance 3

A

Must meet the postal rules if relevant - where acceptance is made via post, it is complete

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10
Q

Adams v Lindsell

A

Where acceptance is made via post, it is complete immediately after the letter has been posted

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11
Q

Household fire insurance v Grant

A

Acceptnace of Grant’s offer to buy shares in the C’s company was posted to him but he never received it - contract was concluded on posting

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12
Q

Exceptions of postal rule - Holwell securities v Hughes

A

Postal rule will only apply if it was reasonable to use the post to make acceptance and if it does not lead to manifest inconvenience or absurdity

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13
Q

When will the postal rule not apply?

A
  • The letter of acceptance has not been properly posted
  • Not properly addressed
  • Terms of the agreement excluded the postal rule
  • Where it is unreasonable to use the post
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