Acceptance Flashcards
1
Q
What is acceptance?
A
Agreement of terms of the offer.
2
Q
When is acceptance valid?
A
- As soon as it’s communicated
- Positive way
3
Q
What is Flethouse v Bingley state?
A
Offer can be in any form, except silence.
Acceptance - written, email, text, conduct.
Exception - acceptance is positive conduct. (Carlill)
4
Q
What did Adam’s v Lindsell state?
A
Postal Rule - Acceptance will take effect as soon as it’s sent.
Postal Rule applies if:
1. Usual form of communication
2. Address/ stamped
3. Proof
5
Q
What did Entores v Miles Far East state?
A
Electronic- acceptance soon as received.
Phone= instant acceptance
Email, Fax or text = received
If out of office hours, acceptance will be on the next working day.