Acceptance Flashcards
Reasonable man is the test for objectivity
Smith v Hughes
Cannot snatch a bargain
Hartog v Shields
Acceptance must be mirror image and unqualified
Hyde v Wrench
Acceptance must be made by the offeree
Boulton v Jones
The offeree must be aware of the offer when accepting it
R v Clarke
Motive is irrelevant as long as the offeree is aware of the offer
Williams v Cawardine
In offers of reward, the first performance is acceptance
Gibbons v Proctor
In offers of reward for information, the information reaching the target is valid acceptance
Gibbons v Proctor
Acceptance must be communicated (actively)
Felthouse v Bingley
Acceptance can be made by a third party authorised by the offeree
Powell v Lee
Acceptance may be implied through conduct
Intense Investments Ltd v Development Venture
Acceptance cannot be implied through passive conduct
Taylor v Allon
Prescribed mode can be a term of the contract
Manchester Diocesan Council for Education v Commercial and General Investments
Unless it is through the fault of the offeror, the burden is on the offeree to ensure acceptance has been communicated
Entores v Miles
When a letter is validly posted there is acceptance
Adams v Lindell
Valid post is either placing the letter in a Royal Mail postbox or giving the letter to an employee authorised to receive post
Re London & Northern Bank
Even if the letter is lost or destroyed it is acceptance from the moment it is posted
Household Fire and Carriage Accident Insurance Co v Grant
Postal rule does not apply if misaddressed or lost through the fault of the offeree
Getreide-Import Gesellschaft v Contimar
Postal rule is excluded when it is unreasonable to use the postal service
Henthorn v Fraser
Postal rule is excluded if it results in a manifest absurdity
Holwell Securities v Hughes
Postal rule may be ousted by clear communication in the offer that acceptance is only binding upon receipt
Holwell Securities v Hughes
Offer cannot be revoked once acceptance has been posted
Byrne v Tienhoven
Acceptance cannot be withdrawn once posted
Wenkheim v Arendt
Instantaneously communicated acceptance is valid upon receipt
Entores v Miles Far East Corporation
Acceptance can only be received within office hours for businesses
The Brimnes
If received outside business hours then acceptance is deemed to arrived the next day
Mondial v Astarte
Office hours are understood in the context of normal operational hours of the party
Thomas v BPE Solicitors
Email acceptance is subject to the receipt rule (valid upon arrival in the inbox)
Thomas v BPE Solicitors
Chwee Kin Keong v Digilandmail.com
All other modes of communication must be expressly excluded else any equally advantageous mode will suffice
Tinn v Hoffman
Implied prescribed mode means that the acceptance must match the expediency with which the offer was communicated
Quenerdaine v Cole
Benefits to solely the offeree can be waived by the offeree
Yates Building Co. Pulleyn
