Acceptance Flashcards
Acceptance
the final and unconditional agreement to all the terms of the offer.
Has the offer been accepted?
Once the offer has been accepted and agreed the offer comes to an end. Can be in any form as long as it is clearly communicated to offeror (Entores v Miles Far East). Acceptance can be in the form of conduct (Brogden v MRC). IF no knowledge of offer, then no contract (R v Clarke)
How has the offer been accepted?
Conduct, Post, Electronic
How has the offer been accepted - Conduct
Unilateral offers (Carlil). Performance can be acceptance (Reveille v Anotech).
How has the offer been accepted - Post
Acceptance takes place at the moment the letter is posted. Only applies if post id the usual/expected metho of communication between parties (Henthorn v Fraser). Letter must be stamped properly+addressed (Re London+Northern Bank). Offeree must prove letter of acceptance was posted (Adams v Lindsell). Can be avoided by asking for notice in writing (Holwell v Hughes).
How has the offer been accepted - electronics
Recipients responsibility to look for messages delivered outside of hours of work (Brimnes). Machine-acceptance by activating it e.g. paying (Thornton v Shoe Lane Parking).