Acceptance of the Offer

Question 1

McKendrick Acceptance

Answer 1

Acceptance is unqualified assent to the terms of the offer

Question 2

Tekdata Interconnections Ltd v Amphenol Ltd (2009)

Answer 2

acceptance must be a mirror
image of the offer.

Question 3

Brogden v Metropolitan Railway Company (1877)

Answer 3

offeree may accept by performance.

Question 4

Reveille Independent LLC v Anotech International (UK) ltd (2016)

Answer 4

an offer can be
accepted by subsequent conduct even if the offer specifically says it must be signed to
be valid

Question 5

Tinn v Hoffman & Co (1873)

Answer 5

cross offers which are identical do not result in a contract

Question 6

Hyde v Wrench (1840)

Answer 6

If the offeree attempts to add new terms while accepting, this
amounts to a counteroffer. A counteroffer kills off the original offer.

Question 7

Stevenson, Jacques & Co v McLean (1880)

Answer 7

where the offeree queries the offer or
seeks more information, this amounts to neither acceptance or rejection

Question 8

Butler v Ex-Cell-O Corp (England) (1979)

Answer 8

a contract is established when the very final
counteroffer is accepted by the other. This is known as “The Last shot wins the Battle”

Question 9

Arcadis Consulting v AMEC (BSC) (2016)

Answer 9

acceptance must be an agreement to each
of the terms of the offer. A communication falling short of this (“thank you for your
1
instructions/offer”) is not acceptable

Question 10

Day Morris Associates v Voyce (2003)

Answer 10

conduct will only amount to acceptance where it
is clear that, objectively assessed, the offeree did the act with the intention of accepting
the offer.