Acceptance Flashcards
(22 cards)
What is Chen-Wishart’s definition of acceptance?
“An acceptance is an unequivocal expression of consent to the proposal contained in the offer and has the effect of immediately binding both parties to the contract.”
What are the 4 criteria for a valid acceptance?
- The acceptance must mirror the offer
- must be made in response to the offer (a nexus between acceptance and offer)
- must be made by an appropriate method
- must be communicated to the offeror
What will a counter-offer do?
- case
terminate the original offer
Hyde v Wrench [1840]
What does not amount to a counter-offer?
- case
An inquiry for more information
Stevenson, Jaques, & Co v McLean [1850]
What is a nexus?
connection between the parties to a contract
What must the acceptance respond to?
a known offer
Does a cross-offer create a contract?
- case
No
Tinn v Hoffman [1873]
Will you always get a reward if it is offered?
- case
If there is a reward on offer, but you complete the act without intending to get the reward, you don’t get the reward
R v Clarke [1927]
Is there a general prescribed method of acceptance?
- No
- an objective manifestation of intent to accept is required
- e.g. signature or reliance
Can an offeror enforce a prescribed method of acceptance?
- case
Yes
Manchester Diocesan Council for Education v Commercial and General Investments Ltd [1970]
Can an acceptance be inferred from silence?
- case
No
Felthouse v Bindley [1862]
Is a contract formed when the acceptance is sent or received?
- 2 cases
- generally: received
- Brinkibon v Stahag Stahl und Stahlwarenhandels GmbH [1983]
- Entores Ltd v Miles Far East Corp [1955]
Is a withdrawal notice effective when it is received or when it is read?
- case
When it is received
Tenax Steamship Co v Owners of the Motor Vessel Brimnes (The Brimnes) [1975]
What is the postal rule?
- 2 cases
for post, acceptance occurs when it is sent, not received
- Adams v Lindsell (1818)
- Household Fire Insurance v Grant (1879)
When does the postal rule not apply?
- 2 cases → 2 situations
- when it is explicitly excluded -> Holwell Securities Ltd v Hughes [1974]
- revocation -> Byrne v Van Tienhoven (1880)
What is a unilateral contract?
the exchange of a promise for an act
What are the rules for acceptance?
- only accepted when you perform the stipulated act / performance
- acceptance doesn’t require communication of acceptance
When can you no longer revoke?
- case
Once performance has commenced
Errington v Errington [1952]
When is revocation applicable?
- case
whenever it is received
Tenax Steamship Co v Owners of the Motor Vessel Brimnes (The Brimnes) [1975]
When does an implied duty not apply?
- case
if the offeree should bear risk
Luxor (Eastborne) Ltd v Cooper [1941]
What is the best method for a revocation?
- case
through similar methods to how you offered / accepted
Shuey v US (1875)
Can any other party revoke?
- case
a reliable 3rd party
Dickinson v Dodds (1876)
