Acceptance Flashcards
(22 cards)
What constitutes acceptance in contract formation?
Acceptance is the final and unconditional expression of assent to the terms of the offer.
Acceptance must match the offer exactly, known as the mirror image rule.
What is the mirror image rule in contract law?
The acceptance must be an exact match to the offer without any modifications.
A conditional acceptance does not constitute a valid acceptance.
How can acceptance be communicated?
Acceptance can be communicated by:
* Words
* Writing
* Conduct
An example of acceptance by conduct is found in Brogden v. Metropolitan Railway Co.
What is a counter-offer?
Any statement varying the terms of the offer constitutes a counter-offer and not acceptance.
A counter-offer rejects the original offer.
In which case was a counter-offer established?
Hyde v. Wrench (1840) established that a counter-offer cancels the original offer.
The plaintiff’s offer of £950 was considered a counter-offer.
Can an inquiry about an offer destroy the original offer?
A mere inquiry does not destroy the original offer unless it introduces new terms.
This distinction was clarified in Stevenson, Jacques & Co. v. McLean.
What is the ‘battle of forms’?
The battle of forms occurs when two entities exchange standard form contracts that are incompatible.
The court will determine the binding terms based on prior agreements or the last shot approach.
What is the postal rule in contract law?
Acceptance is deemed communicated when the letter of acceptance is posted, even if not received by the offeror.
Established in Adams v. Lindsell (1818).
What are the conditions for the postal rule to apply?
The postal rule applies only to:
* Communication of acceptance
* Communication by post
Offers, counter-offers, and revocations must be received.
What happens if the offeror prescribes a particular method of acceptance?
The offeree must comply with the prescribed method of acceptance.
This was noted in Financings Ltd v. Stimpson.
How is acceptance communicated in unilateral contracts?
In unilateral contracts, acceptance is communicated by the performance of the act.
Illustrated in Carlill v. Carbolic Smoke Ball.
What is the significance of communication in acceptance?
The offeree must communicate acceptance to the offeror for it to be valid.
Silence cannot constitute acceptance, as established in FELTHOUSE v BINDLEY.
What is the role of electronic communications in acceptance?
Acceptance by electronic means is considered instantaneous communication, effective when received.
This was discussed in Entores v. Miles Far East Corp.
What does Section 18 of the Electronic Transactions Act, 2008 state?
Despatch of an electronic record occurs when it enters an information processing system outside the control of the originator.
This defines when communication is considered sent.
What is the time of receipt of an electronic record according to Section 19?
Receipt occurs when the electronic record enters the designated information system or the addressee’s information system.
This ensures clarity on when an acceptance is considered received.
What is the significance of Section 19 in Ghanaian law regarding electronic records?
It outlines the rules for determining the time of receipt of electronic records.
When does receipt of an electronic record occur if the addressee has designated an information system?
Receipt occurs at the time when the electronic record enters the designated information system.
What happens if the addressee has not designated an information system?
Receipt occurs when the electronic record enters an information system of the addressee through which the addressee retrieves the electronic record.
Where is an electronic record deemed to be despatched according to Ghanaian law?
At the originator’s registered place of business.
Where is an electronic record deemed to be received?
At the registered place where the addressee has its place of business unless otherwise agreed.
Fill in the blank: An electronic record is deemed to be despatched at the _______ registered place of business.
[originator’s]
True or False: An electronic record is considered received at the originator’s place of business.
False
