Acceptance- cases

Question 1

Entores v Miles Far East Corp

Answer 1

Acceptance must be communicated

Question 2

Felthouse v Bindley

Answer 2

Silence is not acceptance

Question 3

Re Selectmove

Answer 3

An offeree may make their own rule about silence and bind themselves if they want to and this is considered okay

Question 4

Brinkibon

Answer 4

[About acceptance in an electronic world]

“No universal rule can cover such cases”

Question 5

Adams v Lindsell

Answer 5

POSTAL RULE (only applies to ACCEPTANCE):

1. Where it was reas. for acceptance to be sent by post
2. Letter must be properly stamped, addressed & posted
3. Rule must not be excluded by offeror

Question 6

Brogden v Metropolitan Railway Co

Answer 6

Both parties had indicated by conduct that they accepted contract’s terms

Question 7

Carlill v Carbolic Smoke Ball

Answer 7

Performance= acceptance by conduct

Question 8

Hyde v Wrench

Answer 8

Counter offer= implied rejection

Question 9

Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd

Answer 9

Each counter offer= implied rejection of previous offer

Question 10

Stevenson v Mclean

Answer 10

Request for more info NOT counter- offer= offer still valid

Question 11

Freeman & Lockyer

Answer 11

“A legal relationship between principal and agent created by consensual agreement to which they alone are the parties