Acceptance Flashcards

1
Q

what is acceptance

A

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

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2
Q

to determine if acceptance is valid:

A

(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?

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3
Q

to determine if valid acceptance:

A

(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?

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4
Q

(1) has to be positive and unqualified

A

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

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5
Q

(2) requests for information?

A

a mere enquiry or requests for information are not counteroffers and do not terminate the offer

Stevenson v McLean

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6
Q

(3) forms of acceptance?

A

acceptance can be by:
- words (said/written)

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