Acceptance Flashcards
(5 cards)
Acceptance
Acceptance is the final action of consenting to the terms of an offer.
Must be communicated and received by the offeror to be valid
A long time ago, all the way back in 1863, Mr. Felthouse offered by letter to buy a horse and stated ‘If I hear no more about him I’ll consider the horse mine at £30’. Mr.Bindley sold the horse without communicating any acceptance to Felthouse. Felthouse became very angry and brought Bindley to court arguing that a contract existed between him and Bindley. This was held in court, Why? What’s the moral of the story?
Held: Because the courts said that there was an offer made but no acceptance. Just because someone hasn’t replied to an offer doesn’t mean that they accept it.
Moral of The Story: It’s not open to the offeror to state silence as a form of acceptance
Postal rule
an offer is accepted when the acceptance is posted
Once upon a time on a lovely cruise ship, Mr. Kelly was injured on a cruise liner while working for Cruise Catering Ltd. The employment contract was drafted in Norway but signed and posted by Kelly in Dublin. This was held in court, why?. What’s the moral of the story?
Held: Because the acceptance took place in Dublin where he signed and posted the letter
Moral of The Story: An offer is accepted when the acceptance is POSTED
What is the E-commerce act 2000? Whats the case associated with it?
acceptance of an offer can be communicated via electronic communication, unless stated otherwise
