Formation- acceptance

Question 1

what is acceptance

Answer 1

the final agreement to all the terms of an offer

Question 2

how should acceptance be communicated

Answer 2

it must be to offeror, and silence doesn’t amount to acceptance (Felthouse v Bindley)

Question 3

what form can acceptance be in

Answer 3

it can be in any form, writing or words

Question 4

what is the postal rule (Adams v lindsell)

Answer 4

acceptance takes place when the letter has been posted

Question 5

what are the 3 parts that must be proven in the postal rule

Answer 5

1. post is the expected or usual means of communication
2. the letter must be properly addressed and stamped
3. the offeree must be able to prove the letter has been posted

Question 6

what is the rule for verbal/telephonic acceptance

Answer 6

acceptance takes place once the offeror has heard the acceptance
- line must be clear and both parties must have heard and agreed to the offer
- confirmation by letter, email is good to ensure the agreement has been made

Question 7

what is the rule for email acceptance

Answer 7

once the office is in open hours then the acceptance is effective (Brinkibon v Stahag)