acceptance Flashcards
Clarke
final and unequivocal expression of agreement to the terms of an offer
Stone
O and A must fit together like a jigsaw puzzle
Parkgrange v Shandon
vendor of property signed property to gain CGT cert but had no intention of accepting purchasers offer, invalid acceptance
Carlill v Carbolic Smoke Ball Co
P accepted the offer by purchasing and using the smokeball in the manner prescribed, no communication of her acceptance was required, performance can be deemed to constitute acceptance - exception rather than the norm
Butler Machine Tool
seller selling machinery for price on standard form which had a price variation clause, buyer responded with its standard form which did not include same, form included a slip to be returned if accepted, seller returned the slip, issue was which terms applied, held buyers terms as the buyers form was not acceptance but a counteroffer, the slip was acceptance of this
Chichester v Mowlem
M made purchaser order with their own t&c’s, C didn’t sign this, sent back its own form acknowledging sale subject to their t&c’s, this was implicitly accepted by M, held contract was on C’s terms
Brogden v Metropolitan Railway
P supplied D with coal for a long time, D put it into formal contract, P amended, signed & returned offer, D never finalised contract but continued to get coal in accordance with the contract, by continuing to receive the coal D had tacitly accepted the contract
Anglia TV v Clayton
two factors for acceptance via conduct: clear & unambiguous offer which exists in a form capable of being accepted and there must be some form of subsequent conduct by way of acceptance that is applicable exclusively to the offer
Felthouse v Bindley
offer to buy horse stating that if there was no reply the offer was concluded, court rejected this as silence cannot constitute acceptance
Russel & Baird v Hoban
contract stated if no response acceptance is presumed, held there was no contract as silence did not denote consent
Carlill v Carbolic Smoke Ball (communication)
not only does a contract have to be accepted to be valid, the acceptance should be notified
Tinn v Hoffman
offeree told to reply by post, held any reply in a similarly expedient manner is acceptable unless the offeror said specifically communication only by post
Friel
the postal rule is not irrational if placed in the context of the time
Adams v Lindsell
if it is agreed that acceptance is via post, the contract begins to exist when the letter of acceptance is posted
Mondial Shipping
telex sent outside of business hours can’t be deemed to be accepted until the start of the next working day where the intended recipient could be reasonably expected to have viewed it
Thomas v BPE Solicitors
email accepting offer was sent at 6pm, held acceptance was not effective until the next working day
Lord Denning
traditional analysis of O & A is out of date, a better was is to look at all the documents passing between parties and glean form them whether they have reached an agreement
