formation- acceptance

Question 1

what is acceptance

Answer 1

an unconditional agreement to all the terms of that offer

Question 2

does acceptance need to match the terms of the offer exactly

Answer 2

yes, any variation of the offer will amount to a counter offer unless regarded as a request for info

Question 3

case for acceptance needing to match terms of offer exactly

Answer 3

Stevenson v McLean

Question 4

Stevenson v McLean facts

Answer 4

asking about payment was not a counter offer but an inquiry which has no effect

Question 5

how is an offer accepted

Answer 5

it must be communicated (offeror knows it has been accepted)

Question 6

case for acceptance of offer must be communicated

Answer 6

Felthouse v Bindley

Question 7

Felthouse v Bindley facts

Answer 7

silence is not acceptance
tried to say if he doesn’t hear from offeror the horse will be his

Question 8

what form must acceptance be in

Answer 8

any form as long as it is definite and communicated

Question 9

case for what form must acceptance be in

Answer 9

Brogden v Metropolitan Railway

Question 10

Brogden v Metropolitan Railway facts

Answer 10

• supplied coal to railway company for may years
• sent contract with amendments, company never communicated acceptance
• but acceptance took place by conduct

Question 11

what method must acceptance be in if asked in a particular way

Answer 11

it must usually be in that method, can also be in an equally effective method as long as it does not disadvantage the offeror

Question 12

case for acceptance asked in a particular way

Answer 12

yates v pulleyn

Question 13

yates v pulleyn facts

Answer 13

ordinary post was effective acceptance
the registered delivery was only for the benefit of the offeree

Question 14

what is the postal rule

Answer 14

acceptance takes okay the moment the letter is posted

Question 15

when does the postal rule apply

Answer 15

if the use of post is reasonable, letter stamped addressed etc

Question 16

case for postal rule

Answer 16

Adams v Lindsell

Question 17

Adams v Lindsell facts

Answer 17

acceptance letter was delayed, but acceptance took place as soon as letter was sent

Question 18

does the postal rule apply if the letter was never received (case)

Answer 18

yes, Household fire insurance v Grant

Question 19

how can the postal rule be avoided

Answer 19

stating in the offer that there will be no contract unless acceptance is actually received

Question 20

case for avoiding postal rule

Answer 20

Holwell Securities v Hughes

Question 21

Holwell Securities v Hughes facts

Answer 21

attempt to rely on postal rule failed where acceptance was required to be by notice in writing

Question 22

how are electronic methods of communications treated

Answer 22

as if they are made face-to-face so actual communication is needed

Question 23

case for electronic methods of communication

Answer 23

Thomas v BPE Solicitors

Question 24

Thomas v BPE Solicitors facts

Answer 24

• sent acceptance letter by email at 6pm on a Friday before a bank holiday
• court decided email had taken effect 6pm Friday as it was seen as not out of working hours
• was available to be read on a mobile device within working hours so the solicitor could reasonably be expected to have read it

Question 25

when do messages received outside working hours take affect

Answer 25

when offeree can reasonably expect it to be communicated to the offeror