Acceptance Flashcards
What must the acceptance do in relation to the offer?
The acceptance must ‘mirror the offer’, reflecting it exactly without modifications.
Example: Y said ‘yes’ when X offered to sell their coin. This mirrors the offer.
What are the conditions for acceptance to be valid?
Acceptance must be unconditional and communicated to the offeror by positive conduct, not silence.
Example: When Y asked X to include a keyboard in the offer, this did not reflect an unconditional acceptance.
What happens if acceptance is required to be made in a certain way?
It will generally be sufficient if acceptance is made in any other way, as long as it does not disadvantage the offeror.
Example: Even though X asked for recorded delivery, Y’s acceptance via normal postal service is valid.
How can acceptance be communicated?
Acceptance can also be communicated through conduct.
Example: By using X’s products, Y is indicating they are accepting X’s terms and conditions.
What is the postal rule regarding acceptance?
Under the postal rule, acceptance is communicated at the time of posting, not when the offeror receives it.
Example: The postal rule does not apply if the offeree makes a mistake in posting.
Can the postal rule be excluded?
Yes, the postal rule can be excluded by the agreement of the parties.
Example: Holwell Securities v Hughes.
When does acceptance take place for electronic methods?
Acceptance takes place when the offeror receives it, although the exact time depends on sound business practice and reasonable expectations of the parties.
Reference: Brinkibon v Stahag Stahl.
Can an offer be accepted if the claimant was unaware of its existence?
Yes, an offer can be accepted even if the claimant was unaware it existed.
Example: In Gibbons v Proctor, C can claim the reward for information about local break-ins, even though he was unaware of the reward.
