accepting an offer - FORMATION

Question 1

acceptance must be communicated to the offerer, case name for this

Answer 1

Felthouse v Bindley, silence is usually not acceptance

Question 2

what is the postal rule

Answer 2

EXCEPTION TO SILENCE, it is valid as soon as letter dropped in letter box as long as 1. acceptance is expected to be made via post 2. letter properly addressed and stamped 3. offered can prove letter was posted

Question 3

case for postal rule

Answer 3

Adams v lindsell

• D wrote to C offering to sell wool, requested to ‘reply in course of post’
• letter delayed, C posted letter of acceptance on same day but because of delay, D assumed C not interested and sold to third party
• C sued for breach of contact

Question 4

electronic commerce regulations

Answer 4

• offer and acceptance can be instantaneous eg phone
• EMAILS, court decided emails valid only once received so the offeree gets notified if email is not been delivered
• Thomas & Gander v BPE solicitor, email sent in normal working hours for corporate lawyer and available to be read therefore received and constituted acceptance