Acceptance - Contract Law Flashcards
What is acceptance?
A final and unconditional agreement to all the terms of the offer.
Yates V Pulleyn
If no method of acceptance is prescribed, then the acceptance is expected to take the form of the offer - but any reasonable method of acceptance is acceptable.
Neocleous V Rees
The autogeneration by computer on emails can be the same as a signature.
Wells V Devani
Courts can imply missing terms in contracts if the parties’ intentions and industry norms make the agreement clear.
Stevenson V McLean (Acceptance)
Burden of communicating acceptance is with the offeree. Acceptance is effective as soon as it is received.
4 ways of accepting an offer?
Verbal, conduct, post, electronic methods of communication
What is meant by verbal acceptance?
This is easily established as long as the acceptance is clear and heard.
Entores V Miles Far East
Lord Denning: “If a man shouts an offer to a man across a river but the reply is not heard because of a plane flying overhead, there is no contract.”
What is meant by acceptance by conduct?
Simply means an act of behaviour implying acceptance.
Brogden V Metropolitan Rail Co
RC had made an offer to B and by amending it B had made a counter-offer. When an order was placed this was acceptance by conduct.
Acceptance by conduct is often seen in unilateral contracts, how is Carlill V Carbolic Smoke Ball a case example of this?
By using the smoke ball Mrs Carlill’s conduct was acceptance of the offer.
Felthouse V Bindley
There was no contract as an offer could not be accepted by silence or inactivity on part of the offeree.
Reville Independent LLC V Anotech International
Conduct in performing their obligations under the contract was interpreted by the court as acceptance.
