Acceptance cases Flashcards
When does acceptance occur?
Acceptance occurs when an offeree agrees to be mutually bound to the terms of the contract by giving consideration, or something of value like money, to seal the deal.
What are the three main rules for acceptance?
1) There must be a communication of acceptance.
2) The terms of the acceptance must exactly match the terms of the offer.
3) The agreement must be certain.
It must be acceptance of the whole offer and all the terms
in it.
Case for communication of acceptance?
Felthouse v Bindley - silence did not amount to acceptance
Acceptance can come in any form and does not have to match the offer method, however, it must be a positive act.
What is the case for specific forms of acceptance?
Yates v Pulleyn
When the offerer declares a specific form of acceptance it can sometimes be imposed.
Some requirements are considered as mandatory, whereas others are merely directory
What are the three ways of accepting an offer?
1) Acceptance by conduct
2) Acceptance by post
3) Acceptance by electronic means
Explain what is meant by acceptance through conduct by using a case.
Reveille v Anotech - Reveille agreed to integrate and promote some of Anotech’s cookware products in Masterchef US.
The promotions took place but one of the parties had not signed the written contract document between them.
Conduct of showing products was a valid acceptance.
Explain acceptance through the post using a case.
Adams v Linsell - acceptance takes place as soon as the mail is posted, only applies if the mail is a letter of acceptance
What 3 rules must be satisfied in order for an offer to be accepted through the post?
1) The rule only applies if post is the usual or expected form of communication.
2) The letter must be properly addressed and stamped.
3) The offeree must be able to prove the letter has been posted.
What is a case for the post rule being negated because of a breach of deadline?
Holwell v Hughes
When do acceptances through electronic means take place?
Once the offeror is aware of it.
What is the case for acceptance through electronic means?
Brinkibon Ltd v Stahag Stahl
What does Article 11 of the Electronic Commerce Directive Regulations 2002 state?
Where the buyer is required to give their consent through technological means such as clicking an icon, the contract is only formed once the buyer receives an email stating that their order has been ACCEPTED and confirmed from the seller.
What is the case suggesting that acceptance could be said to be effective once the message is sitting a person’s email box?
Thomas & Gander v BPE Solicitors
