• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/6

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

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.

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..'

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

When is the offer accepted when acceptance is sent by post or telegram?

As soon as it is sent


Adams v Lindsell

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

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.