Acceptance- cards checked Flashcards
How can you accept an offer?
It must communicated in one of these ways…
1. Verbal acceptance
2. Acceptance by conduct
3. Acceptance by Post
4. Acceptance by electronic communication.
Which case relates to verbal acceptance?
Entores V Miles Far East.
Which cases relate to acceptance by conduct?
-Carill V Carbolic smokeball
-Felthouse V Bindley
-Gibbons V Proctor
-Reveille V Independent LLC V Antoteck international ltd.
Revillle V Independent LCC V Antoteck international LTD
-a counter offer will end the original offer
-but the conduct of the offeree can be considered as acceptance of the new offer, even if it has not been signed.
Carill V Carbolic smokeball?
-using the smokeball was acceptance of the offer
Entores V Miles Far East?
-Offer and acceptance must be clear and heard.
What case held that silence is not sufficient acceptance?
-Felthouse V Bindley
Felthouse V Bindley?
-silence cannot be acceptance, there must be some form of positive acion.
What case establishes that if an act is done without the knowledge of an offer, it does not form valid acceptance?
Gibbons V Proctor
Gibbons V Proctor?
-If an act is done without the knowledge of an offer, it does not form valid acceptance.
Which case relates to acceptance by post?
Adams V Lindsell
What is the postal rule of Adams V Lindsell?
-Where acceptance is made by post, it takes effect when the letter is posted.
What are the 4 conditions of the Adams V Lindsell postal rule?
- Only letters of acceptance not counter offers or offers.
- The rules only apply where post is the usual means of communication
- The letter must be properly posted and stamped
- The offeree must prove the letter was posted
What cases go with acceptance by electronic communication?
-Brikibon V Staghag
-Thomas V BPE solicitors
-Yates V Pullen
Brikibon V Staghag?
-If acceptance is out of hours then acceptance is valid when the office is reopened in the morning.
