Acceptance

Question 1

1. =

Answer 1

+ve and unqualified, whole as is (‘mirror-image’ rule)

Question 2

2. Any form

Answer 2

Usually, as long as unequivocal. Does not include silence unless agreed (Felthouse v Bindley)

Question 3

3. General rule

Answer 3

Takes places when communicated to the offeror

Question 4

4. Specified method of communication

Answer 4

Offeree required to comply with this for it to be valid accept (Yates v Pulleyn)

Question 5

5. Law Commission ‘Electronic Execution of Documents’ paper

Answer 5

Auto generation of a signature by a computer will have the same authority as a written one

Question 6

6. Via conduct

Answer 6

If one of the parties begins to perform the terms of the contract even if there is not a signed agreement (Reville v Anotech)

Question 7

7. Postal rule

Answer 7

Takes place as soon as the letter is posted if the rules apply. Rules: usual means of communication, letter correctly addressed, stamped, offeree has evidence of postage

Question 8

8. Electronic means of communication

Answer 8

Usual - Normally occurs on receipt of electronic means of communication (The Brimnes)

Out of hours - Once reopened (Brinkinon v Stahag Stahl)

Question 9

9. Acceptance on that day

Answer 9

Likely be within reasonable business hours if beyond usual (Thomas v BPE)

Question 10

10. Article 11 EC Directive Regulation 2002

Answer 10

States where a buyer is expected to give consent through tech means, accept where service provider gives acknowledgement of receipt of accept. E.g. ‘Your order has been received and is now being processed’