Acceptance

Question 1

What is the mirror image rule?

Answer 1

Acceptance must match offer

Question 2

Yates v Pulleyn

Answer 2

Prescribed method of communication needs to be as stated by the offeror or a more advantageous method

Question 3

Felthouse v Bindley

Answer 3

Silence is not valid acceptance

Question 4

Carlill v carbolic smoke ball

Answer 4

Acceptance does not need to be communicated, it can be implied through conduct. This is a waiver in unilateral offers

Question 5

Entores v Miles Far East

Answer 5

Acceptance must be communicated - heard, seen etc

Question 6

Adams v Lindsell

Answer 6

Case for postal rule which states that acceptance by post is notified once the letter of acceptance is posted

Question 7

as per Entores reaffirmed in Brinkibon Stahag

Answer 7

Instantaneous (phone/email/text etc) - treated as a face-2-face communication rule

Question 8

Thomas v BPE Solicitors

Answer 8

If acceptance was sent outside of office hours, will have been communicated at the start of the next working day

Question 9

TRW v Panasonic

Answer 9

In a battle of forms, if the parties sign a set of general conditions at the beginning of their relationship with the intention for the conditions to apply to every subsequent contract, then the ‘first shot’ instead of the ‘last shot’ wins

Question 10

BRS v Crutchley

Answer 10

handing over the goods counted as implied acceptance of the terms set out in partys acceptance note (the ‘last shot’ in this case).