Week 5 - Methods of Communication - Modern Issues Flashcards
1
Q
What did the case of Brinkibon Ltd v Stahag Stahl (1983) decide?
A
If it’s traditional business hours, you can assume that acceptance has taken place at the point of the communication - from delivery
2
Q
When is acceptance valid via email?
A
It is effective when sent/received, rather than when it is noticed and read in business hours
3
Q
What is the ‘battle of the forms’?
A
An argument over which terms the acceptance is done on - which are the basis for the contract
4
Q
How is the battle of the forms treated in each case?
A
It is done by a case on case basis
5
Q
Who wins the ‘battle of the forms’?
A
Usually the person who fires the last shot
6
Q
A