acceptance of contract law Flashcards
what is acceptance
an agreement to all the term of a contract once an offers accepted a contract is form
how can acceptance been showed
words said, words written and conduct an positive act
what the general rule of acceptance
communication of acceptance is usually in the same method as the offer, or in the terms the offer requires
what can the other method of acceptance be
less advantageous to offeror may also be valid
case link to the general rule of acceptance
Yates v Pulleyn 1975
what must acceptance be
must be communicated to the person making the offer
what case links to communication of acceptance
Felthouse v Bindley 1853
facts of Felthouse v Bindley 1853
nephew discussed buying a horse from his uncle. he offered to purchase the horse and said if i don’t hear from you by the weekend i will consider him mine. auctioneer had been asked not to sell the horse, but forgot. uncle commenced proceedings against auctioneer for conversion. action depended upon whether a valid contract existed between the nephew and uncle
held for Felthouse v Bindley 1853
there was no contract. cannot have silence as acceptance
what case links to acceptance from a conduct act.
Reveille v Anotech 2016
facts of Reveille v Anotech 2016
R was a company which produced TV programs, include US master chef. R began negotiating with A, cookware company. wanted to show off the cook ware. parties negotiated a long-form agreement which they never completed. memo was passed said R will not be bound to any agreement they didn’t sign, but A produced and signed a short amended agreement
what did Reveille argued in Reveille v Anotech 2016
they accepted the short agreement by clear and unequivocal conduct, despite not signing it. argued that they had waived the signature provision in the memo
what do acceptance in ignorance of the offer
person cannot be considered o have accepted an offer if they were unaware of its existence
case link to ignorance acceptance
fitch v Snedeker 1868
what was held for Reveille v Anotech 2016
court held in favour of reveille, signature requirement was for R’s benefits. R was entitled to waive. reinforced by the fact that A facilitated R’s performance and acted as if there was a concluded contract.
