acceptance Flashcards
what is the name of the rule used for acceptance
mirror image rule
what is the mirror image rule
acceptance of an offer must be comunicated and reflect the terms set out by the offeror
what happens if you alter any terms of the offer
youve made a counter offer, the origional offer is destoryed and thus cannot be acceptance
in what form can acceptance be comunicated
genraly in any form
what kind of act is needed to comunicated acceptqance
a positive act
give a case to show silence isnt accaptance
felthouse v brindley
when is acceptance effective
when comunicated to the offeror
what things give rules to vary the means of comunication
acceptance by conduct
acceptance in ignorance of the offer
acceptance by post
acceptence by electronic means
what is acceptance by conduct
one or more parties complete the conduct in the terms of the contract which can form the basis for acceptance
give a case for acceptance by conduct
brodgen v metropolitan railway co
what is acceptance in ignorance of the offer
not valid acceptence
give a case for ignorance isnt acceptance
fitch v snedaker
what can be the issue with acceptance by post
letters may arrive late or not at all
in what cases to postal rules apply
to acceptances
not offers or counter offers
what case sets out the postal rules
adams v lindsell
what are the postal rules set out in addams v lindsell
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
when does acceptance become effective through post
when the letter is posted
give a case to refirm the letter must be correctly adressed and stamped
re london + northenbank ex parte jones
give a case to show the use of pos must not case inconveniance
holwell securities v huges
give a case to show that even if the letter is never recieved it can still be binding
house hold fire insurance co v grant
what is the genral rule over electronic acceptance-not online goods
the acceptance takes place when the offeror is aware of it
give a case for the genral rule over electronic acceptance
entores v miles far east
what happens for out of hours comincation
acceotance starts on the next working day
give a case for out of hours comunication
brinkban ltd v stahag stahl