contract law(acceptance) Flashcards

1
Q

what is acceptance

A

Acceptance is a final and unconditional agreement to all the terms
of the offer.

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2
Q

when does an offer become an agreement

A

Once an offer has been accepted, there is an agreement and the offer
comes to an end.

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3
Q

what form does acceptance have to be in

A

Usually, acceptance can be in any form as long as it is
communicated to the offeror

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4
Q

case study for acceptance

A

Felthouse v Bindley (1863):

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5
Q

what is prescribed acceptance

A

specify a mandatory instruction that has to be followed
by the offeree when accepting the offer.

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6
Q

case study for prescribed acceptance

A

Yates v Pulleyn (1975):

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7
Q

what is Requirement of a signature

A

Neocleous v Rees (2019) held that the autogeneratation by computer
on emails can be the same as a signature.

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8
Q

case study for Contracts made by telephone

A

Wells v Devani (2019):

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9
Q

When does acceptance take place?

A

By conduct

By post - postal rules

Electronic methods of communication.

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10
Q

case study for When does acceptance take place?

A

Stevenson v McLean

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11
Q

what does Acceptance by conduct mean

A

acceptance must be brought to the attention of the offeror.

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12
Q

case study for acceptance by conduct

A

Brogden v Metropolitan Rail Co [1877]

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13
Q
A

The requirement for communication of acceptance can be waived, either
expressly or impliedly.

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14
Q

rules of acceptance by post

A

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

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15
Q

when does the postal rule apply

A

The postal rules only apply to letters of acceptance, not to offers or
counter-offers.

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16
Q

what is the postal rule

A

when an offer is accepted by post

17
Q

when does Acceptance by post rules not apply

A

The rules only apply if the post is the usual or expected method of communication
between the parties.

18
Q

case study of acceptance by post

A

Henthorn v Fraser

19
Q

Electronic and other forms of communication

A

another modern form of communication aside from the postal rule

20
Q

case study for Electronic and other forms of communication

A

Entores v Miles Far East (1955),

21
Q

where do The Consumer Protection (Distance Selling) Regulations 2000 apply

A

to consumer contracts and give the consumer a number of rights;

22
Q

where do Electronic Commerce Regulations 2002 apply

A

for contracts between businesses.

23
Q

what is Electronic Commerce Regulations 11

A

where a buyer is required to give consent
through technological means the contract
is only completed when the buyer receives from the seller

24
Q

Regulation 12 of the Electronic Commerce Regulations 2002

A

that the display of items on the internet is an
invitation to treat, and that the customer’s order may be the offer.