Acceptance Evaluation Flashcards
(15 cards)
What are the evaluation points for Acceptance ?
Post rule
modern technology
Communication
Method
Why is the postal rule an evaluation point?
can be strict & unfair
if method insisted more leniancy?
Why can the postal rule be unfair & strict ?
offeror not receive letter, still been accepted by offeree (if posted ✅)
How can the postal rule have more leniency ?
if insisted this method then already aware of any setbacks of method
Why is modern technology an evaluation point (instant acceptance)
unfair/confusing for office hours esp. working from 🏠
has email been read ?
has been legisl. to try improve
Why is modern technology unfair and confusing for office hours ?
acceptance must b in ‘office hrs’, unfair on offeror as offeree may have lots of emails and not 👁️
Why was the fairness been more complicated by working from home?
working hours blurry as different for everyone
Why is there confusion with whether the mail has been read (modern tech.)?
CRA 2015- only ✅ if all 🥳s know
no gaurantee as some online sellers have automated responses
How has there been legislation to try improve modern technology rules ?
CRA Regs. 2000 sets rules for withdrawal
Why is communication an evaluation point ?
silence not enough
accept. performance can b unfair
written protects parties
Why is it harsh that silence isn’t enough (case)?
Felthouse V Bindley- both thought was accept. by 🤫 yet by law no accept.
Why can accept. by performance be unfair (case)?
Conduct could have started but offeror unaware (Carlill)
How can verbal & written acceptance be good ?
there is clear intentions of offence & protects parties
Why is method an evaluation point?
insisted method can be unfair
Why is insisted method unfair (case)?
Yates V Pulleyn- offeror insisted registered ✉️, offeree sent by normal, not valid. only difference is price
