Acceptance

Question 1

define acceptance

Answer 1

Acceptance is the agreement to all of the terms of an offer. It is valid as soon as it is communicated. Acceptance can take place in any form except for silence (Felthous vs Bindley), but it must be done by positive conduct (Carlill vs Carbolic Smokeball)
- apply- has acceptance taken place

Question 2

Acceptance side rule 1

Answer 2

-Postal rule- A letter of acceptance takes effect at the moment it is sent (Adams vs Lindsell)
-The postal rule only applies if:
-Post is the usual or expected method of communication
-Letter is correctly stamped and addressed
-The claimant must be able to prove that the letter was posted
- Side rule= only way you can avoid the postal rule is by making a term in the contract that acceptance will only take affect when it is communicated to them

Question 3

Acceptance side rule 2

Answer 3

• Electronic and other forms of communication- acceptance takes place once it is received (Entores vs Miles Far East).
  -If the communication is to a business and it arrives out of office hours, it will be communicated at the start of the next working day.