acceptance

Question 1

definition of acceptance

Answer 1

Unequivocal expression of intention and agreement to the terms of an offer, which is communicated to the offeror

Question 2

what are the 3 main rules relating to acceptance

Answer 2

response to an offer
unequivocal/unqualified
communicated to the offeror

Question 3

outline ‘response to an offer’ as a part of acceptance

Answer 3

oferee must have knowledge of the offer, motive for accepting the offer does not matter
Williams v Carwardine

Question 4

outline unequivocal/unqualified as a part of acceptance

Answer 4

offer must match acceptance - known as the ‘mirror image rule’
Hyde v Wrench - counter offer is NOT acceptance

Question 5

outline ‘communicated’ as a part of acceptance

Answer 5

acceptance MUST be communicated to the offeror
(Entores v Miles far east corporation)

Question 6

what case illustrates that silence DOES NOT amount to acceptance

Answer 6

Felthouse v Bindley

Question 7

what is the ‘postal rule’

Answer 7

only applies to acceptance of offers
where acceptance can be validly made before it reaches the offeror
Adams v Lindsell

Question 8

outline ‘third party acceptance’

Answer 8

3rd party can accept offer on behalf of an oferee if they have given permission for this to happen
Powell v Lee

Question 9

what case illustrates electronic methods of acceptance

Answer 9

Thomas v BPE solicitors (phone, text,email etc)