Acceptance Flashcards
Definition
-Acceptance is an agreement to all the terms of an offer.
-Acceptance is valid as soon as it’s communicated
-can be in any form except silence= (felthouse v bindley)
-must involve positive conduct (carlill v carbolic smoke ball)
Postal rule
-letter of acceptance takes effect at the moment of posting = (ADAM V LINDSELL)
Only apply if:
-post is usual expected method of communication between party
-correctly stamped and addresses
-must be able to prove letter was posted
Side rule to avoid postal rule
-acceptance only takes place when it’s communicated
Electric nd other forms of communication
Acceptance takes place when it was SENT (Entores v miles far east)
If communication to a business e arrives out of office hours will be communicated at the start of the next working day