Acceptance Flashcards
What are the facts in Yates v Pulleyn
Option to purchase land required to be sent by recorded or registered post to ensure a receipt and he letter was sent by ordinary post
What was held in Yates v Pulleyn
Prescribed acceptance can be specified but other methods may be acceptable if there is no disadvantage to offeror
What are the facts of Carlill v Carbolic Smokeball
Advert said that if purchaser bought smokeballs and used them properly and still got the flu then the company would give them £100
What was held in Carlill v Carbolic Smokeball
Communication of acceptance can be done by conduct
What are the facts of Adam’s v Lindsall
Contract for sale of wool acceptance took place as soon as letter places in post box
What was held in Adam’s v Lindsall
Postal rule - acceptance takes place when the letter is posted
What are the facts of Re London and Northern Bank
Letter regarded as posted when in possession on post office
What was held in Re London and Northern Bank
Postal rule - acceptance takes place when letter is posted provided it is properly addressed, stamped and put in post box
What are the facts of Household Fire Insurance Co v Grant
D offered to buy shares in company and company posted a letter accepting the offer. Letter never arrived but as soon as it was sent a contract was made
What was held in Household Fire Insurance Co v Grant
Postal rule - acceptance takes place when a letter is posted even if letter is lost in the post
What are the facts of Entores v Miles
Dutch company sent acceptance to English company by telex
What was held in Entores v Miles
Postal rule doesn’t apply but the standard rule does : acceptance must be communicated to offeror
What are the facts of Brinkibon v Stahag
Issue was where the contract formed as Brinkibon based in London and Stahag based in Austria
What was held in Brinkibon v Stahag
Acceptance of an offer by telephone or telex is instantaneous
What are the facts of Felthouse v Brindley
Discussion about purchase of a horse
What was held in Felthosue v Brindley
Silence doesn’t amount to acceptance
