Acceptance Flashcards
What is acceptance?
Confirms that the terms of the offer have been agreed and there will then be a binding contract
What must acceptance be?
Positive and clear
Verban, written or conduct
Must be communicated
What are the sections of acceptance?
How is it accepted
Can specify how it is communicated
By conduct
By post
Post
Electronic communication
How can an offer be accepted and case?
Anyway but silence as long as they are aware of acceptance
Felhouse v Bindley- no contract due to silence
How can it be communicated case?
Yates v Pulleyn- directory not mandatory
What are mandatory instructions?
Instructions have to be followed or there will be no contract
What are directory instructions?
Instructions that don’t have to be followed but can be specified. If not followed there is still a contract
What is acceptance by conduct?
Acceptance taking place through actions eg. Carlill v Carbolic smokeball- accepted when bought the smokeball
What is the postal rule?
Acceptance takes place as soon as the letter is posted
Usual or expected means of communication
Properly stamped
Evidence that the letter has been posted
What is the case and held for post?
Adams v Lindsell- Takes place as soon as letter is posted
What are the rules of electronic communication?
Acceptance occurs when the offeror is aware of it eg. opens the email
What is the case for electronic communication?
Thomas v BPE solicitors- Didn’t take place until he opened the email
