Communication of Acceptance

Question 1

Entores v Miles Far East Corp (1955) (Lord Denning)

Answer 1

if the noise of an overflying
aircraft means that the offeror does not hear the offeree’s acceptance, there is no
contract.

Question 2

Felthouse v Bindley (1862)

Answer 2

acceptance cannot be made by silence

Question 3

Tenax Steamship Co v Owners of the Motor Vessel Brimnes (The Brimnes) (1975) –

Answer 3

communication to an unmanned receptor is effective from the time at which it is
reasonable to expect that machine to be checked. The Court of Appeal held that a
revocation was effective when it was received on a telex machine during ordinary
business hours, no requirement of it being actually read.

Question 4

Carlill v Carbolic Smoke Ball Company (1893)

Answer 4

in a unilateral offer, full performance is
the acceptance of the offer, there is no need to communicate an attempt to perform.

Question 5

Rust v Abbey Life (1979) (dicta)

Answer 5

silence will not constitute acceptance when to so hold
would involve forcing a contract on an unwilling offeree.

Question 6

Miller, 1972

Answer 6

where the offeree assumes that his silence is sufficient to conclude the
contract (basically a willing offeree) and then acts in reliance of that belief, a contract
ought to be deemed to be concluded.

Question 7

The Hannah Blumenthal (1983) (exceptional case)

Answer 7

a contract to abandon reference to
arbitration was held to be concluded by the silence of both parties.