Acceptance Flashcards

1
Q

Acceptance

A

the final and unconditional agreement to all the terms of the offer.

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2
Q

Has the offer been accepted?

A

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)

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3
Q

How has the offer been accepted?

A

Conduct, Post, Electronic

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4
Q

How has the offer been accepted - Conduct

A

Unilateral offers (Carlil). Performance can be acceptance (Reveille v Anotech).

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5
Q

How has the offer been accepted - Post

A

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).

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6
Q

How has the offer been accepted - electronics

A

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).

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