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6 Cards in this Set
- Front
- Back
What must an acceptance be? What case? |
Absolute, unqualified and communicated Case: Entores v Miles far east corp In English law, the contract is not made until the communication of acceptance has been received. |
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What can never amount to acceptance? What case? |
Silence. A person cannot accept a contract by doing or saying nothing, even if the offeror stipulates that acceptance should be made this way. Case: Felthouse v Bindley. 'If I don't hear from you etc..' |
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What is the postal rule an exception of? What case? |
The rule of receiving the communication of acceptance. In the Postal Rule, the offer is accepted as soon as the post is sent. Postal rule does not apply to offers and revocations. Case: Adams v Lindsell |
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When is the offer accepted when acceptance is sent by post or telegram? |
As soon as it is sent Adams v Lindsell |
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When is the offer accepted when acceptance of an offer is made by other instantaneous methods, eg telephone answer phone messages |
When the acceptance is received. Entores v Miles far east corp |
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Brinkibon case |
If a contract is made between parties in different jurisdictions, the contract is made in the jurisdiction where the acceptance was received. No universal rule of acceptance can cover all cases of instantaneous communication - it must be judged case by case. |