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Erstellt von Sam Grimley
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Only the offeree may accept the offer. Give authority.
Provided there is knowledge of the offer when the offeree makes their acceptance, it doesn’t matter what the motivation is for the acceptance.
You must have the offer in mind at the time of acceptance.
An interesting specific set of facts relating to providing information for reward. A delay because of an agent.
The only person entitled to the reward is
the individual who first gave that information.
Acceptance must be a 'mirror' of the offer - Counter offers kill the original offer
Case that demonstrates the difference between a counter offer and a request for further information.
Battle of forms / T&Cs in multiple counter offers
Postal Rule
POSTAL RULE: What constitutes “properly posted"?
POSTAL RULE: What if the letter is lost or destroyed?
POSTAL RULE: What is the letter of acceptance is misaddressed?
POSTAL RULE: The postal rule only applies if it’s reasonable to use the post. When is it 'reasonable' to use the post?
Ousting the Postal Rule
Revocation occurs when the offeree becomes aware SO IS ONLY VALID FROM THE MOMENT COMMUNICATION REACHES THE OFFEREE
POSTAL RULE: Can the offeree withdraw the acceptance once it has been sent?
You can strictly prescribe means of acceptance ONLY if you use mandatory language.
If modes of communication are not explicitly excluded you can use equally advantageous methods
The general rule is that acceptance must be communicated to the offeror.
Acceptance may be communicated by a third-party authorised by the offeree.
Instantaneous communication. When does agreement occur, what are the four principles outlined by Denning in this case?
Mondial Shipping and Chartering BV v Astarte Shipping Ltd [1995]
Thomas v BPE Solicitors [2010]
The Brimnes [1975]
Brinkibon v Stahag Stahl [1982]
If modes of communication are not explicitly excluded you can use equally advantageous methods