Agreement: Acceptance Flashcards
What constitutes Acceptance in contract law?
Acceptance is the unqualified expression of assent to the terms of the offer. Altering the offer constitutes a counter-offer, not an acceptance.
What is the rule regarding the communication of acceptance according to Enotres Ltd v Miles Far East Group (1955)?
Acceptance must be communicated to the offeror for a contract to be formed. Silence cannot bind the offeree (Felthouse v Bindley (1862)) but can bind the offeree if they choose to bind themselves by silence (Re Selectmove Ltd (1995)).
How does acceptance occur in an electronic context according to Brinkibon Ltd v Stahag Stahl und Stahlwarenhandel GmbH (1983)?
Acceptance occurs when the offeree could reasonably have been expected to check their inbox, with reference to the parties’ intentions and sound business practices.
What is the Postal Rule for acceptance according to Adams v Lindsell (1818)?
A letter of acceptance is considered communicated when it is posted. If circumstances change between posting and receipt, the offeror is in breach of contract.
What are the conditions for the Postal Rule to apply?
The rule applies if acceptance is reasonable to be sent by post, the letter is properly stamped, addressed, and posted, and the rule is not excluded by the offeror. It generally does not apply to situations requiring immediate communication.
What does Brogden v Metropolitan Railway Co (1877) establish about acceptance by conduct?
Acting as if you are accepting the terms of the offer can constitute acceptance by conduct.
How do unilateral contracts differ in terms of acceptance according to Calill v Carbolic Smoke Ball Co (1893)?
In unilateral contracts, no communication is required; the offeror promises to reward the performance of a specified act by the offeree.
What is an example of a unilateral contract scenario?
Hoover cases, where promises were made to reward certain acts without requiring a return promise from the offeree.
