Acceptance

Question 1

what is acceptance

Answer 1

the offeree must accept the exact terms proposed by the offerer unconditionally
referred to as the mirror image rule

Question 2

hyde v wrench

Answer 2

the counteroffer amounts to a rejection of the original offer

Question 3

rules of acceptance

Answer 3

• acceptance must be communicated
  communication of acceptance must be received by the offeror
• the offeror may stipulate the method of acceptance
  if the offeror does not use this method then acceptance is not effective

Question 4

thomas v solicitors

Answer 4

• acceptance must be communicated
  obita dicta
  for emails it has not been received until it is in their inbox
  if it arrives outside of business hours it may vary depending on the parties objective intentions(do you normally communicate after working hours)

Question 5

felthouse v bindley

Answer 5

• acceptance must be communicated
  silence cannot be an acceptance

Question 6

holwell security v hughes

Answer 6

example of stipulating the method of acceptance, possible to exclude postal rule by stipulating your method of acceptance

Question 7

what are the postal rules

Answer 7

Postal rules

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

When does the postal rule apply?

Post is the usual method of communication

The letter has been properly addressed and stamped

Proof of postage can be provided