Acceptance

Question 1

Reasonable man is the test for objectivity

Answer 1

Smith v Hughes

Question 2

Cannot snatch a bargain

Answer 2

Hartog v Shields

Question 3

Acceptance must be mirror image and unqualified

Answer 3

Hyde v Wrench

Question 4

Acceptance must be made by the offeree

Answer 4

Boulton v Jones

Question 5

The offeree must be aware of the offer when accepting it

Answer 5

R v Clarke

Question 6

Motive is irrelevant as long as the offeree is aware of the offer

Answer 6

Williams v Cawardine

Question 7

In offers of reward, the first performance is acceptance

Answer 7

Gibbons v Proctor

Question 8

In offers of reward for information, the information reaching the target is valid acceptance

Answer 8

Gibbons v Proctor

Question 9

Acceptance must be communicated (actively)

Answer 9

Felthouse v Bingley

Question 10

Acceptance can be made by a third party authorised by the offeree

Answer 10

Powell v Lee

Question 11

Acceptance may be implied through conduct

Answer 11

Intense Investments Ltd v Development Venture

Question 12

Acceptance cannot be implied through passive conduct

Answer 12

Taylor v Allon

Question 13

Prescribed mode can be a term of the contract

Answer 13

Manchester Diocesan Council for Education v Commercial and General Investments

Question 14

Unless it is through the fault of the offeror, the burden is on the offeree to ensure acceptance has been communicated

Answer 14

Entores v Miles

Question 15

When a letter is validly posted there is acceptance

Answer 15

Adams v Lindell

Question 16

Valid post is either placing the letter in a Royal Mail postbox or giving the letter to an employee authorised to receive post

Answer 16

Re London & Northern Bank

Question 17

Even if the letter is lost or destroyed it is acceptance from the moment it is posted

Answer 17

Household Fire and Carriage Accident Insurance Co v Grant

Question 18

Postal rule does not apply if misaddressed or lost through the fault of the offeree

Answer 18

Getreide-Import Gesellschaft v Contimar

Question 19

Postal rule is excluded when it is unreasonable to use the postal service

Answer 19

Henthorn v Fraser

Question 20

Postal rule is excluded if it results in a manifest absurdity

Answer 20

Holwell Securities v Hughes

Question 21

Postal rule may be ousted by clear communication in the offer that acceptance is only binding upon receipt

Answer 21

Holwell Securities v Hughes

Question 22

Offer cannot be revoked once acceptance has been posted

Answer 22

Byrne v Tienhoven

Question 23

Acceptance cannot be withdrawn once posted

Answer 23

Wenkheim v Arendt

Question 24

Instantaneously communicated acceptance is valid upon receipt

Answer 24

Entores v Miles Far East Corporation

Question 25

Acceptance can only be received within office hours for businesses

Answer 25

The Brimnes

Question 26

If received outside business hours then acceptance is deemed to arrived the next day

Answer 26

Mondial v Astarte

Question 27

Office hours are understood in the context of normal operational hours of the party

Answer 27

Thomas v BPE Solicitors

Question 28

Email acceptance is subject to the receipt rule (valid upon arrival in the inbox)

Answer 28

Thomas v BPE Solicitors

Chwee Kin Keong v Digilandmail.com

Question 29

All other modes of communication must be expressly excluded else any equally advantageous mode will suffice

Answer 29

Tinn v Hoffman

Question 30

Implied prescribed mode means that the acceptance must match the expediency with which the offer was communicated

Answer 30

Quenerdaine v Cole

Question 31

Benefits to solely the offeree can be waived by the offeree

Answer 31

Yates Building Co. Pulleyn