Formation Of Contract: Acceptance

Question 1

What’s acceptance?

Answer 1

acceptance confirms that the terms of the offer are agreed
Once offer accepted there’s a binding contract
Has to be consideration and ITCLR

Question 2

Acceptance must be?

Answer 2

Positive and unqualified
Verbal, written or by conduct
Must be communicated to person who made the offer
Yes but doesn’t equate to acceptance

Question 3

how is offer accepted

Answer 3

acceptance can be in any form, doesn’t have to be in same method offeror used
rule is - the offeror must be aware aware of acceptance to be valid
SILENCE NEVER A VALID ACCEPTANCE

Question 4

What was held in felt house v bindley

Answer 4

there was no contract, silence never valid acceptance

Question 5

with acceptance when will there be no valid contract

Answer 5

usually offeror will state how they want acceptance to be communicated and if this isn’t complied with, will be no valid contract
sometimes court will waiver this and make acceptance valid anyway.

Question 6

what was held in Yates v pullen

Answer 6

requirement was waived, was a valid acceptance was a ‘merely directory’ instruction not a mandatory instruction

Question 7

contracts signed electronically will what?

Answer 7

will generally be applied the same way as a written signature would be (neocleous v Rees)

Question 8

whats the issue with telephone conversations (ao1)

Answer 8

it can cause issues often difficult not prove what was said
WELLS V DEVANI
an estate agent was successful in his claim for commission as even though commission wasn’t included in contract.

Question 9

when does acceptance takes place?

Answer 9

acceptance takes place when its communicated to the offeror

Question 10

what is acceptance by conduct

Answer 10

acceptance takes place by actions of the offer/offeror
(carlill v carbolic smoke ball co) in this case contract was accepted by conduct she took the smoke ball

this is valid acceptance e.g reward contracts

Question 11

what was held in reveille v anotech

Answer 11

there was acceptance through conduct, even though the counter - offer remained unsigned, was still a binding contract

Question 12

what is acceptance by post

Answer 12

acceptance takes place when sent/postage

Question 13

what are the postal rules

Answer 13

for acceptance by post ‘the postal rules are followed’

only apply to letters of acceptance - not offers or counter offers

rule is acceptance takes place as soon as letters posted
1) post must be usual means of communication
2) letter must be properly addressed or stamped
3) offeree must be prove letters posted

Question 14

what was held in Adams v lindsell

Answer 14

acceptance took place as soon as the letters posted, no communication of revocation was a valid contract

Question 15

if letters lost and never delivered is there acceptance

Answer 15

if letters lost and never delivered there is still valid acceptance (household insurance v grant

Question 16

what is acceptance by electronic method

Answer 16

acceptance is when received (email) or you’re aware of it

Question 17

what are the rules of electronic methods of communication

Answer 17

acceptance occurs when offeror is aware of acceptance (entores v miles for east corporation)

If offeror wishes to revoke offer, must be communicated before acceptance (Byrne v tiemhoven)

out of hours messages which communicate acceptance are only effective once office opens (brinkibon v stahag stahl)

Question 18

what was held Thomas v bpe solicitors

Answer 18

acceptance takes place until office re opened on Tuesday

Question 19

what does consumer protection regulation 2000 and consumer right act 2015 state

Answer 19

state that if key information isn’t provided to the consumer, no contract
would apply to agreements made
- over the phone
- by fax
- on the internet
- through email

Question 20

what does the article 11 of the electronic commerce regulations 2002 state?

Answer 20

states that a buyer is require to give consent through technological means