Acceptance

Question 1

Definition of acceptance

Answer 1

a positive unqualified assent to all the terms of the offer

Question 2

What is the effect of acceptance

Answer 2

it terminated an offer and replaces it with a legally binding contract

Question 3

give 3 situations that don’t amount to acceptance

Answer 3

1. qualified acceptance
2. counter offers - hyde v wrench
3. requests for information

Question 4

General rule of acceptance and case

Answer 4

acceptance must be communicated and brought to the actual notice of the offeree - Entores v Miles Far East Corp (1955)

Question 5

general rule about silence - 3 points 1 case

Answer 5

silence doesn’t constitute acceptance
offeror may waive the need for acceptance to be communicated - felthouse v brindley
offeror can run the risk of incurring contractual obligations through silence but cannot impose that risk on others.

Question 6

main issue with certainty

Answer 6

main issue is where a contract is unenforceable due to its uncertainty

Question 7

battle of the forms 1 case

Answer 7

terms of the last document circulated prevail - Butler Machine Tool v Ex Cell O corp (1979)

Question 8

What is the postal rule - 1 case

Answer 8

acceptance is deemed communicates as soon as its placed in the post, not when its recieved - adams v lindsell (1818)

Question 9

What are the limitations on the postal rule - 4

Answer 9

only applies to acceptances
only applies when its reasonable
rule can be excluded
letter must be properly stamped and addressed

Question 10

What is considered reasonable in the postal rule - 1 case

Answer 10

reasonableness was evaluation in henthorn v fraser

Question 11

What is the justification for the postal rule

Answer 11

it gives a point of certainty as to when an offer has been accepted

Question 12

Rules on dual contracts - 1 case

Answer 12

Apple Corps v Apple Computers

Question 13

rules on online shopping

Answer 13

Beta computers v Adobe (1996) held that a party could accept t’s & c’s via shrink wrap