acceptance

Question 1

what is the mirror image rule?

Answer 1

must be communicated in some positive way, by words or by conduct

Question 2

what is prescribed acceptance?

Answer 2

offer states how the offeree must accept, if not accepted in that way then there isn’t valid acceptance

Question 3

case for prescribed acceptance?

Answer 3

Yates v Pulleyn

Question 4

principle from Entores v Miles Far East?

Answer 4

1. the burden of communicating acceptance is with the offeree
2. acceptance is effective as soon as an email/electronic acceptance is received

Question 5

rule and case for silence and acceptance?

Answer 5

silence is never valid acceptance, there has to be a positive act
Felthouse v Bindley

Question 6

rule for waiver and conduct and acceptance?

Answer 6

an offeror can waiver the communication of acceptance

Question 7

case for the postal rule?

Answer 7

Adams v Lindsell

Question 8

when may acceptance be sent via post?

Answer 8

• the offer was made by post
• the offeror specifies acceptance can be via post
• previous dealings between 2 parties have beem via post

Question 9

when can’t acceptance be sent via post?

Answer 9

• the offer was made in a more direct way (text)
• the offeree is aware there may be some delay (strikes)

Question 10

what are the rules for the postal rule?

Answer 10

• it will apply if post is the usual or expected means of communication
• it will apply when the letter is properly addressed and stamped

Question 11

case for the rule that acceptance is valid once sent?

Answer 11

Household Fire Insurance v Grant

Question 12

when will the postal rule not apply and case?

Answer 12

when the offeror has stated it will not apply
Howell v Hughs

Question 13

principle from Brinkibon v Stahag?

Answer 13

acceptance is valid once communicated so is instantaneous

Question 14

principle from Mondial Shipping v Astarte?

Answer 14

if outside of working hours when email is sent it will be accepted inside the next working hour

Question 15

principle from Thomas v BPE solicitors?

Answer 15

just has to be in ‘sound business practise’ so an email sent at 6pm is assumed to be read even though outside of hours

Question 16

case for the role of machines?

Answer 16

Thornton v Shoe Lane Parking
- money inserted is acceptance

Question 17

cases for the battle of the forums?

Answer 17

BRS v Crutchley = last shot rule
Butler Machine v Ex-Cell-O = last to communicate terms win
TRW v Panasonic = first shot rule