Contract acceptance Flashcards
What form does your acceptance have to take?
Felthouse V Bindley= your acceptance can take any form except silence
What case supports that you can say exactly how you want the acceptance to take place?
Yates V pulleyn- There are two types of instruction which are mandatory (must follow to accept) and directory (offer should be accepted on instructions which the courts decide are fundemental)
How does acceptance take place?
By post, by conduct and electronically
What are the rules for acceptance by post?
- Only applies if post is expected method of communication
- Letter has to be properly addressed and stamped
3.Offeree must be able to prove the letter was posted
4.Must be correctly addressed with postal proof
ACCEPTANCE IS COMPLETE AS SOON AS THE LETTER IS POSTED
Case for acceptance by conduct?
Carlile V carbolic smokeball- in unilateral contracts usual method accepted by conduct
Case for electronic method of communication?
Thomas V BPE solicitors- acceptance didnt take place until the office reopened on tuesday. OFFICE HOURS 9-5