Acceptance Flashcards
What is acceptance of an offer?
“Acceptance is a final and unqualified expression of assent to the terms of an offer”
How can acceptance be communicated?
Any way, though acceptance must be communicated to the offeror
What was held in Felthouse v Bindley?
Silence cannot communicate acceptance
Can an offeror specify a method of acceptance?
Yes and usually it will only be valid if the offeree has used the specific method
What was held in Yates v Pulleyn?
A specified delivery option was a direction and not a legal requirement
What was held in Butler Machine Tool v Ex Cell O?
Lord Denning held that when there is a ‘battle of the forms’ parties are taken to have agreed to the last form that was sent without obligation
How can acceptance be communicated?
- Conduct
- Post
- Electronic
What was held in Reveille v Anotech?
A counter offer was accepted by conduct as they paid the invoices in the contract
When does the postal rule apply?
Only when accepting the offer and acceptance occurs the moment the letter was posted
What are the requirements for the postal rule?
(1) Expected means of communication must be postal
(2) Must be properly addressed and stamped
(3) Offeree must be able to prove the letter was posted
What was held in Adams v Lindsell?
No communication of revocation had taken place and the offer was accepted the moment the letter was posted
What were Lord Denning’s remarks in Entores v Miles Far East?
“If a man shouts an offer to a man across a river but the reply is not heard because of a plane flying overhead, there is no contract. The offeree must wait and shout back his acceptance so the offeror can hear it”
What was held in Thomas and Gander v BPE Solicitors?
The contract was accepted at the time the email had arrived in the inbox
What was held in Pretty Pictures v Quixote Films Ltd?
An exchange of emails between parties will not necessarily be a binding contract if they intend an agreement by other means
What was held in Greenclose v National Westminster Bank Plc?
“An email is not subject to the postal acceptance rule”
