Acceptance^ Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Mirror Image Rule

A

the offeree must accept the exact terms proposed by the offeror unconditionally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Rules

A

acceptance must be communicated
silence can’t be an acceptance
the offeror may stipulate the method of acceptance
postal rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Postal Rule

A

acceptance is complete immediately after the letter has been posted
even if delayed, destroyed or lost

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When Is The Postal Rule Applied?

A

post is the usual method of communication
the letter has been properly addressed and stamped
proof of postage can be provided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Acceptance Must Be Communicated

A

the communication of acceptance must be received by the offeror

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Thomas V Solicitor

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Felthouse V Bindley

A

silence can’t be an acceptance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The Method Of Acceptance

A

Offeror can stipulate the method
if the offeree doesn’t use this method then acceptance is not effective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Holwell Securities V Hughes

A

offeror may stipulate the method
can exclude the postal rule by stipulating the method of acceptance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly