formation- acceptance Flashcards
what is acceptance
an unconditional agreement to all the terms of that offer
does acceptance need to match the terms of the offer exactly
yes, any variation of the offer will amount to a counter offer unless regarded as a request for info
case for acceptance needing to match terms of offer exactly
Stevenson v McLean
Stevenson v McLean facts
asking about payment was not a counter offer but an inquiry which has no effect
how is an offer accepted
it must be communicated (offeror knows it has been accepted)
case for acceptance of offer must be communicated
Felthouse v Bindley
Felthouse v Bindley facts
silence is not acceptance
tried to say if he doesn’t hear from offeror the horse will be his
what form must acceptance be in
any form as long as it is definite and communicated
case for what form must acceptance be in
Brogden v Metropolitan Railway
Brogden v Metropolitan Railway facts
- supplied coal to railway company for may years
- sent contract with amendments, company never communicated acceptance
- but acceptance took place by conduct
what method must acceptance be in if asked in a particular way
it must usually be in that method, can also be in an equally effective method as long as it does not disadvantage the offeror
case for acceptance asked in a particular way
yates v pulleyn
yates v pulleyn facts
ordinary post was effective acceptance
the registered delivery was only for the benefit of the offeree
what is the postal rule
acceptance takes okay the moment the letter is posted
when does the postal rule apply
if the use of post is reasonable, letter stamped addressed etc
case for postal rule
Adams v Lindsell
Adams v Lindsell facts
acceptance letter was delayed, but acceptance took place as soon as letter was sent
does the postal rule apply if the letter was never received (case)
yes, Household fire insurance v Grant
how can the postal rule be avoided
stating in the offer that there will be no contract unless acceptance is actually received
case for avoiding postal rule
Holwell Securities v Hughes
Holwell Securities v Hughes facts
attempt to rely on postal rule failed where acceptance was required to be by notice in writing
how are electronic methods of communications treated
as if they are made face-to-face so actual communication is needed
case for electronic methods of communication
Thomas v BPE Solicitors
Thomas v BPE Solicitors facts
- 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
