Acceptance Flashcards
What constitutes acceptance?
“a final unqualified expression of assent to all the terms of an offer.” (Treitel)
The person accepting the offer must have knowledge of the offer at the time of acceptance.
Williams v Carwardine [1833] 5 C & P 566
R v Clarke [1927] 40 CLR 227 (Australia)
Any reservations about or variations to the offer will make the acceptance conditional. It is therefore not acceptance.
Pym v Campbell [1856] 6 E & B 370
Hyde v Wrench [1840] 3 Beav 334 (Rolls Court)
(But) a request for information not amounting to a counter offer will not destroy the original offer. Test is – what was the intention of the offeree?
Stevenson, Jaques & Co. v McLean [1880] 5QBD 346
The battle of the forms. What happens when each party is trying to impose upon the other their own standard conditions of contract?
Butler Machine Tool Co Ltd v Ex-Cell-O Corp. [1979] 1 All ER 965
Acceptance can be communicated by a third party, but only with authority.
Powell v Lee [1908] 99 LT 284
Silence – cannot amount to acceptance
Felthouse v Bindley [1862] 11 CB (NS) 869
The Postal Rule – Generally, letter of acceptance takes effect upon posting.
Adams v Lindsell [1818] 1 B & Ald 681
(Postal Rule) Post must be reasonable means of acceptance
Henthorn v Fraser [1892]
Holwell Securities Ltd. v Hughes [1974] 1 All ER 161
Postal Rule applies to letters, telegrams and telemessages but not to telephone or telex acceptances. Fax is virtually instantaneous.
Entores v Miles Far East Corp. [1955] 2 QB 327
Brinkibon Ltd v Stahag Stahl GmbH [1983] 2 AC 34
Mondial Shipping & Chartering BV v Astarte Shipping [1995] CLC 1011
Other electronic means of communication
Argos Stores (1999) The Times, 21st September 1999 E-Commerce Directive 2000/31/EC
Revocation of postal acceptance – situation unclear
Countess of Dunmore v Alexander [1830] 9 S 190 Consumer Contracts (Informaton, Cancellation & Additional Charges) Regulations 2013
