Week 4 - Acceptance of an Offer

Question 1

What is the first condition?

Answer 1

Acceptance must be absolute, unqualified and communicated to the offeror

Question 2

When is acceptance valid in regards to post?

Answer 2

Once the offeree has put it in the post

Question 3

What can never amount to acceptance?

Answer 3

Silence

Question 4

When is acceptance valid in regards to email/fax?

Answer 4

Where it’s read

Question 5

What is a case where someone assumed silence was acceptance?

Answer 5

Felthouse v Bindley (1862)

Question 6

What is the postal rule?

Answer 6

If you accept something by post in the olden days, you immediately are accepting the offer, even though the other side has no idea you’ve accepted it

Question 7

What is acceptance by conduct?

Answer 7

When acceptance may take place by the behaviour of the offeree - by their conduct

Question 8

What is an example of a case where acceptance was conveyed via conduct?

Answer 8

Alexander Brogden v Metropolitan Railway (1877)
- making deliveries, which were paid for, for numerous months
- one side were unhappy about price but contract had already formed