acceptance Flashcards

1
Q

what is the name of the rule used for acceptance

A

mirror image rule

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2
Q

what is the mirror image rule

A

acceptance of an offer must be comunicated and reflect the terms set out by the offeror

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3
Q

what happens if you alter any terms of the offer

A

youve made a counter offer, the origional offer is destoryed and thus cannot be acceptance

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4
Q

in what form can acceptance be comunicated

A

genraly in any form

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5
Q

what kind of act is needed to comunicated acceptqance

A

a positive act

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6
Q

give a case to show silence isnt accaptance

A

felthouse v brindley

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7
Q

when is acceptance effective

A

when comunicated to the offeror

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8
Q

what things give rules to vary the means of comunication

A

acceptance by conduct
acceptance in ignorance of the offer
acceptance by post
acceptence by electronic means

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9
Q

what is acceptance by conduct

A

one or more parties complete the conduct in the terms of the contract which can form the basis for acceptance

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10
Q

give 2 cases for acceptance by conduct

A

brodgen v metropolitan railway co
reveille indpendant v anotech

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11
Q

what is acceptance in ignorance of the offer

A

not valid acceptence

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12
Q

give a case for ignorance isnt acceptance

A

fitch v snedaker

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13
Q

what can be the issue with acceptance by post

A

letters may arrive late or not at all

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14
Q

in what cases to postal rules apply

A

to acceptances
not offers or counter offers

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15
Q

what case sets out the postal rules

A

adams v lindsell

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16
Q

what are the postal rules set out in addams v lindsell

A

1-post must be the agreed for of comunication between parties
2-the letter must be correctly adressed and stamped
3-the offeree can prove the letter was posted

17
Q

when does acceptance become effective through post

A

when the letter is posted

18
Q

give a case to refirm the letter must be correctly adressed and stamped

A

re london + northenbank ex parte jones

19
Q

give a case to show the use of pos must not case inconveniance

A

holwell securities v huges

20
Q

give a case to show that even if the letter is never recieved it can still be binding

A

house hold fire insurance co v grant

21
Q

what is the genral rule over electronic acceptance

A

the acceptance takes place when the offeror is aware of it

22
Q

give a case for the genral rule over electronic acceptance

A

entores v miles far east

23
Q

what happens for out of hours comincation

A

acceotance starts on the next working day

24
Q

give a case for out of hours comunication

A

brinkban ltd v stahag stahl

25
Q

give two statuets which develop online acceptance

A

s7 consumer protection regulations 2000
ch 2 consumer rights act 2015

26
Q

what is said in s7 consumer protection regulations 2000
ch 2 consumer rights act 2015

A

main charatristics of the contract, price, adress and other details must be comunicated to give effect to a contract

27
Q

what act covers online purchaes

A

artical 11 electronic commerce regulations 2002

28
Q

what is states in artical 11 electronic commerce regulations 2002

A

a contract is accepted online (shopping) when a buyer is notifed the order is completed/dispatched

29
Q

what are online goods

A

an invitation to treat