Offer and Acceptance (Valid Acceptance)

Question 1

1. If an offer ends through revocation, it must be…

Answer 1

If an offer ends through revocation, it must be communicated before acceptance, either by the offeror or a third party, (Dickinson v Dodds). However, if there is a unilateral offer, acceptance takes place on full performance (Errington v Errington and Woods), and so revocation after this has commenced is not possible.

Question 2

2. If a party is aware that…

Answer 2

If a party is aware that goods have been sold, this also counts as revocation.

Question 3

3. The Acceptance must ‘mirror the offer’…

3a. Where acceptance is required to be made in a certain way, it will generally be

Answer 3

(Only Discuss If There Has Been A Valid Acceptance)

The Acceptance must ‘mirror the offer’ ie. reflect it exactly without modifications. It must be unconditional and communicated to the offeror by positive conduct and not silence (Felthouse v Brindley).

Where acceptance is required to be made in a certain way, it will generally be sufficient if it is made in any other way, as long as it does not disadvantage the offeror (Manchester Diocesan Council v Commercial and General Investments)

Question 4

4. Acceptance can also be communicated through…

Answer 4

IF RELEVANT: Acceptance can also be communicated through conduct (Brogden v Metropolitan Railway).

Question 5

5. An exception is under ‘the postal rule’ where acceptance is communicated at the time of…

Answer 5

An exception is under ‘the postal rule’ where acceptance is communicated at the time of posting, not when the offeror receives it, (Adams v Lindsell, Byrne v Van Tienhoven). It does not need to arrive, but the postal rule will not apply if the offeree makes a mistake in posting (Getreid v Contimar). The postal rule can be excluded by the agreement of the parties.

Question 6

6. The postal rule does not apply to acceptance by electronic methods. Acceptance takes place when the offeror…

Answer 6

The postal rule does not apply to acceptance by electronic methods. Acceptance takes place when the offeror receives it, although the law is unclear and the exact time of acceptance depends on sound business practice and what is the reasonable expectation of the parties (Brinkibon v Stahag Stahl).

Question 7

7. An offer can be accepted even if…

Answer 7

An offer can be accepted even if the claimant was unaware the offer existed (Gibbons v Proctor).