Acceptance^ Flashcards
Mirror Image Rule
the offeree must accept the exact terms proposed by the offeror unconditionally
Rules
acceptance must be communicated
silence can’t be an acceptance
the offeror may stipulate the method of acceptance
postal rules
The Postal Rule
acceptance is complete immediately after the letter has been posted
even if delayed, destroyed or lost
When Is The Postal Rule Applied?
post is the usual method of communication
the letter has been properly addressed and stamped
proof of postage can be provided
Acceptance Must Be Communicated
the communication of acceptance must be received by the offeror
Thomas V Solicitor
obiter dicta - persuasive not binding
postal rule doesn’t apply for emails
acceptance is not valid until the email has been received or on the next working day depending on their usual method of communication
Felthouse V Bindley
silence can’t be an acceptance
The Method Of Acceptance
Offeror can stipulate the method
if the offeree doesn’t use this method then acceptance is not effective
Holwell Securities V Hughes
offeror may stipulate the method
can exclude the postal rule by stipulating the method of acceptance