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16 Cards in this Set
- Front
- Back
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What is acceptance |
Once an offer is accepted there is an agreement |
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What must the acceptance be |
Acceptance must be positive and unequivocal agreeing to the whole offer and all it's terms |
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How is an offer accepted |
Any form providing its unequivocal and communicated to offeror Doesn't have to be in the same form |
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Felthouse v Bindley |
The acceptance cannot be by silence: must be a positive act |
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Carbolic Smoke Ball |
There can be acceptance by positive conduct |
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Yates v Pulleyn |
If offer requires a specific manner of acceptance then unless it is made clear that no other method will suffice, the acceptance must be sent in a way which is no less advantageous to the offeror |
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When does acceptance occur |
When communicated to the offer. Can be accepted by conduct, post and electronic communication |
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Reveille v Anotech International |
Sometimes performance will occur in accordance with the terms but without any written acceptance. If offeree performs knowing the terms then it will amount to acceptance |
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What are the postal rules |
Apply to letters of acceptance not to offers or counter offers. If they can't be proven then acceptance exists when the letter is received |
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Countess of Dunmore |
Once acceptance has been sent it can't be overtaken by revocation by faster means although there so persuasive precedent which suggests otherwise |
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Adam v Lindsell postal rules |
Rules only apply if post is usual and expected means of communication Letter must be properly addressed and stamped The offeree must be able to prove the letter was posted |
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Holwell Securities v Hughes |
The postal rule can be expressly or impliedly excluded |
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Getried v Contimar |
Postal rules do not apply where a mistake in posting is the fault of the offeree |
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Household Insurance v Grant |
If a letter is lost and never delivered it doesn't effect the validity of the acceptance |
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Entores v Miles Far East |
Postal rules don't apply to instantaneous communication |
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Brinkibon v Stahag Stahl |
Communication takes effect at the time and place it is received subject to sound business practice. Out of hours communication is effective the next business day |
