Acceptance Flashcards
what is acceptance
second step in a contract
final expression of agreement to the terms of an offer
once accepted there is a contract between the offeror and offeree, provided the other essential elements are present
to determine if acceptance is valid:
(1) has to be positive and unqualified
(2) requests for information?
(3) forms of acceptance?
(4) specified methods of acceptance?
(5) methods of communication of acceptance?
to determine if valid acceptance:
(1) must be positive and unqualified
(2) requests for information?
(3) forms of acceptance?
(4) specified forms of acceptance?
(5) methods of communication of acceptance?
(1) has to be positive and unqualified
if the offeree tries to vary the terms, this is a counter offer and the offer is terminated
responding to the offer YES not YES IF or YES BUT
Hyde v Wrench
(2) requests for information?
a mere enquiry or requests for information are not counteroffers and do not terminate the offer
Stevenson v McLean
(3) forms of acceptance?
acceptance can be by:
- words (said/written)