Acceptance Flashcards
what is acceptance
agreement to all the terms by words or conduct
how does acceptance take place
must be communicated in a positive way such as words of conduct
prescribed acceptance
the offeror can at times state how the offeree must accept
difference between madatory and directory instruction
yates v pulleyn
mandatory instruction- followed exactly
directory instruction- completion in time frame
silence and acceptance
Felthouse v Bindley
silence does not amount to acceptance
waiver and conduct acceptance
Erringtion v Erringtion v Wood
acceptance can be implied by the kind of offer meaning acceptance does not need to be communicated
Postal rule
Adams v Lindsell
acceptance from time posted not when recieved
when is postal rule not applied
offeree is aware of any postal delays ie strikes
there is dirctory instruction ie must be spoken
how can the postal rule be unfair
Household Fire ins v Grant
they may not recieve the letter of acceptancce but are still bound
phone call acceptance
Entores ltd v Miles far east corp
acceptance takes place when recieved
email, text, messages acceptance
Thomas v BPE solicitors
if in office hours acceptance is when communicated as instintanius
if out of office hours it is effective when the office is repoended.
however not applied in brinkibon or Mondial
The Electronic Regulation 2002
display of items online are invitation to treat, the acceptance comes from the seller when they dispatch the goods.
role of machines
Thrornton v shoe Lane Parking co
acceptance is putting the money in the machine as terms are clear and they are accepting them
Battle of the forms
- One business makes an offer on its standard forms
- The other business/ customer then accepts on its own standard form
last shot
British road services v Arther Crutchley
had stamped acceptence with his terms
