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4 Cards in this Set
- Front
- Back
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Battle of the Forms |
Who's T&Cs do you follow? Generally the last counter-offer. Butler Machine Tool Co. |
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Can silence ever constitute acceptance? |
Generally, no. Felthouse v Bindley. But can happen if: -Both parties agree it will.(Re Selectmove Ltd) -Previous dealings make it clear it will. -Service which cannot be returned (1980 Sale of Goods and Services Act prevents inertia selling)
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Postal Rule |
Acceptance valid at moment of posting. Exception to the general rule of communication of acceptance. Kelly v Cruise Catering. While making the offeror you're entitled to state it cannot be accepted by post.
Holwell Securities v Hughes. Terms specified "by notice in writing to". Got lost in the post. Was found not to have given him notice. Therefore it wasn't valid. |
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Knowledge of offer prior to acceptance |
You need to know about it. Eg of swimming across a river then seeing an advertisement giving a grand for doing so. R v Clarke. Giving info to police then seeing a reward. |
