Formation - acceptance Flashcards
Accepatance is when…
Confirm the terms of the offer are agreed
Acceptance must be…
positive, verbal, written (or through) conduct
Silence does not amount to accepatance as seen in…
Felthouse v bindley
mandatory instructions must be…
followed
directory instructions means…
The courts will waiver instructions
If the instructions on the way acceptance occurs are mandatory the court will strictly follow, if they are directory the courts will waiver. This was presented in the case of…
Yates v Pulleyn
Directory and mandatory instructions are not made by statue law. What is the problem with this? (A03)
Judges coming up with new ideas - evidence for judicial creativity
Generally, when does acceptance take place?
Once it is communicated to the offeror.
What are the three ways acceptance can take place?
- By conduct
- By post
- By electronical methods
Acceptance can be by conduct as seen in…
Carlil v carbolic smokeball co.
Acceptance can be by post if postal rules are followed as seen in…
Adams v lindsell
What are the postal rules?
- Post must be the expected means of communication
- The letter must be properly addressed and stamped
- The offeree must be able to prove the letter was posted
If acceptance is by post, when does acceptance occur?
as soon as the letter is posted
What is a problem with the idea that acceptance takes place as soon as the letter is posted? (A03)
Offeree does not have to communicate that they have posted the acceptance when it happens. offeror in a binding contract without knowing.
Acceptance can be by electronic methods as seen in…
Thomas v BPE solicitors
