Acceptance AO1 Flashcards
What is acceptance?
Acceptance must be positive and unqualified. This means it must be an acceptance of the whole offer as it is. This is referred to as the ‘mirror image rule’.
How can acceptance take place?
Does this include silence? casex1
Acceptance can take place in any form, provided it is unequivocal.
This does not include silence unless agreed between the offerer and the offeree (Felthouse v Bindley).
What is the general rule of acceptance?
The general rule of acceptance is that it takes place when the acceptance is communicated to the offerer.
What happens when there is a specified method of communication? casex1
Where there is a specified method of communication, the offeree will be required to comply with this for valid acceptance (Yates v Pulleyn).
What is the rules regarding signatures? + Under what law?
The autogeneration of a signature by a computer will have the same authenticity asa written one under the Law Commissions’ Electronic Execution of Documents’ Paper.
When can acceptance happen via conduct? casex1
Acceptance can happen via conduct if one of the parties begin to perform the terms of the contract even if there is not a signed agreement (Reville v Anotech).
When does acceptance by the postal rule take place?
When will the rule apply?
Acceptance by the postal rule takes place as soon as a letter is posted, if the rule applies.
The rule will apply if it is the usual means of communication, the letter is correctly addressed and stamped and the offeree has evidence of postage.
What is the rule of acceptance via electronic means of communication? casex1
What happens when it is sent out of hours? casex1
The usual rule of acceptance vie electronic means of communication is that acceptance normally occurs on receipt of the electronic means of communication (The Brimes).
Where sent out of hours, this is only effective once the office is reopened (Brinkibon v Stahag Stahl).
What happens where there is an expectation of acceptance? casex1
If there is communication that there is an expectation of acceptance on that day, it will likely be within reasonable business hours if it is beyond usual hours (Thomas v BPE).
What happens where a buyer is expected to give consent through technological means?
Article?
Article 11 of the Electronic Commerce (EC directive) Regulations 2002 states where buyer is expected to give consent through technological means, acceptance takes place where the service provider gives an acknowledgement of receipt of acceptance, e.g. ‘your order has been received and is now being processed’.
