729745
Description
Mind Map by elliothatt, updated more than 1 year ago
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Created by elliothatt
over 10 years ago
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Acceptance
- Final and unequivocal expression
of assent to terms of offer.
- May be expressed or implied.
- If offeree alters terms of offer this will be
counter-offer and not acceptance. Kills original offer.
- Hyde v Wrench
- Request for further information will not
be counter-offer and so doesn't kill offer.
- Stevenson, Jacques
and Co. v McLean
- Stevenson, Jacques
and Co. v McLean
- Hyde v Wrench
- Can be by conduct rather than words.
- Brogden v Metropolitan Railway Co.
- Brogden v Metropolitan Railway Co.
- 'Battle of the forms'. Problems arise when both
parties try to get deal on their terms, never reach
matching offer and acceptance. Despite problems
with traditional analysis courts tend to follow it.
- Butler Machine Tool Co.
v Ex-Cell-O Corporation
- Butler Machine Tool Co.
v Ex-Cell-O Corporation
- If offer stipulates communication must be in particular form
and offeree fails to comply, won't make acceptance invalid if
doesn't make explicitly clear no other form will do. Other
forms just as quick will suffice.
- Manchester Diocesan
Council of Education
v Commercial &
General Investments
- Manchester Diocesan
Council of Education
v Commercial &
General Investments
- Acceptance must be communicated to the offerer.
- In bilateral contracts
general rule is offeror
cannot waive need for
communication and
stipulate silence will
constitute acceptance.
Though some exceptions.
- Felthouse v Bindley
- Felthouse v Bindley
- In unilateral contracts
performance of act is
acceptance and so no
need to communicate
fact you are attempting
to perform that act.
- Carlill v Carbolic
Smoke Ball Co.
- Claimant must be aware of offer in
order to accept and claim reward.
- R v Clarke
- R v Clarke
- Carlill v Carbolic
Smoke Ball Co.
- In bilateral contracts
general rule is offeror
cannot waive need for
communication and
stipulate silence will
constitute acceptance.
Though some exceptions.
- Special rules apply when
communication not instantaneous.
'Postal rule' - contract formed as
soon as letter of acceptance sent,
even if never reaches the offeror.
- Adams v Lindsell
- Can be avoided by offeror stipulating a particular means
of acceptance (other than post) required, or wording
offer to require actual communication of acceptance.
- Holwell Securities Ltd v Hughes
- Holwell Securities Ltd v Hughes
- Adams v Lindsell
- If instantaneous method used but actual communication not
instantaneous and offeree done all reasonably expected to
get message through, acceptance should take effect when he
might reasonably expect it to be communicated to offeror.
- Brinkibon Ltd
- Brinkibon Ltd
- Receipt rule seems to apply to internet and email contracting
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