Acceptance (Offer and acceptance)- FS Flashcards
What are the essential requirements for a valid acceptance in contract law?
Acceptance must be unqualified and exactly match the terms of the offer. Any deviation amounts to a counter-offer which extinguishes the original offer.
What is the legal consequence of a counter-offer on the original offer?
A counter-offer terminates the original offer, which can no longer be accepted thereafter.
When does a request for further information affect the status of an offer?
A request for further information does not constitute a counter-offer and therefore does not terminate the original offer, which remains open for acceptance.
What is the general rule about communication of acceptance?
Acceptance must be communicated to the offeror, unless a mode of acceptance is clearly prescribed.
Can an offeror stipulate that silence amounts to acceptance?
No, silence cannot amount to acceptance, and an offeror cannot enforce a contract on that basis.
What is the postal rule in contract law?
Acceptance is deemed effective when the letter of acceptance is properly posted, even if it is delayed or lost in the post.
When does the postal rule not apply?
The postal rule does not apply if post was not a contemplated mode of acceptance, if the letter is improperly addressed, or if using post would be absurd or impractical.
How is acceptance determined when using instantaneous communication (e.g., email)?
Acceptance is only effective when it is actually received by the offeror.
What is meant by the “battle of the forms” in contract formation?
It refers to a situation where each party tries to contract on their own standard terms. The terms that prevail are usually those of the party who last submitted them, if accepted.
