contract law(acceptance) Flashcards
what is acceptance
Acceptance is a final and unconditional agreement to all the terms
of the offer.
when does an offer become an agreement
Once an offer has been accepted, there is an agreement and the offer
comes to an end.
what form does acceptance have to be in
Usually, acceptance can be in any form as long as it is
communicated to the offeror
case study for acceptance
Felthouse v Bindley (1863):
what is prescribed acceptance
specify a mandatory instruction that has to be followed
by the offeree when accepting the offer.
case study for prescribed acceptance
Yates v Pulleyn (1975):
what is Requirement of a signature
Neocleous v Rees (2019) held that the autogeneratation by computer
on emails can be the same as a signature.
case study for Contracts made by telephone
Wells v Devani (2019):
When does acceptance take place?
By conduct
By post - postal rules
Electronic methods of communication.
case study for When does acceptance take place?
Stevenson v McLean
what does Acceptance by conduct mean
acceptance must be brought to the attention of the offeror.
case study for acceptance by conduct
Brogden v Metropolitan Rail Co [1877]
The requirement for communication of acceptance can be waived, either
expressly or impliedly.
rules of acceptance by post
If the post is the usual or expected means of communication
The letter must be properly addressed and stamped
The offeree must be able to prove the letter was posted
when does the postal rule apply
The postal rules only apply to letters of acceptance, not to offers or
counter-offers.