Elements of a contract 2) acceptance Flashcards
Acceptance> communication. What are the three ways an offer can be communicated?
-Conduct (carlil v smoke ball)
-Words
-Writing
what CANT be acceptance
silence ( felthouse v bindley)
Postal role needs what three things?
IF Post is the usual or expected means of communication
-The letter is properly addressed and stamped
-The offeree can prove that the letter was posted (sent by recorded delivery)
(household insurance v grant)
Electronic communication explained
Entores v Miles Far East (1955): The starting principle is that acceptance via electronic methods of communication occurs when the offeror is aware of the acceptance
When is there acceptance in electriconic communication?
In regards to instantaneous methods of communication, acceptance takes place when the message is opened (when the office has opened again
EVALUTATION FOR OFF+ACC-problems: ‘confusion’ . explain
The difference between an offer and ITT is confusing to both parties to a contract as the differences are often very slight
EVALUATION FOR OFF+ACC- problems ‘ Goods on a shop shelf’ explain
If the item on the shelf had the status of an offer, then once the item is placed in the customer’s basket a contract, arguably, would be made and the customer would then be bound to pay for the item or possibly charged with theft. This would also prevent a customer changing his mind without being in breach of contract. If there was a pricing error, neither party could rectify the situation.
EVALUATION FOR OFF+ACC- problems ‘ counter/offer duration’ explain
Duration of offer, information or counter offer? The law can be confusing as to what exactly forms the offer and how long it remains open. There are many ways an offer can come to an end.
EVALUATION FOR OFF+ACC- problems- Duration. Explain
How long is a reasonable time? The answer is that it all depends on the circumstances. This leads to confusion. The balance is between doing what is morally right and losing money or arguing the point and losing goodwill. This seems to be a poor choice for a business. A counter offer ends the original offer and this may take place on several occasions during negotiations. This seems a perfectly fair rule as an attempt to go back to the original offer is rarely refused during negotiations – the price rarely goes up during negotiations.
3 requirements for acceptance are..
1) communicated to offeree
2)acceptance meets term of offer (hyde v wrench)
3)agreement must be certain
