A01

• what is acceptance? 


  agreement to terms of an offer
• what are the 3 rules of acceptance? 


  acceptance must be absolute and unqualified (must mirror original offer); must be communicated, and it must be in prescribed way
• silence cannot be acceptance

  Felthorse v Bindley

  Entores v Miles Far East (Lord Denning)
• acceptance can be by conduct


  Carlill v Carbolic Smoke Ball Company
• contract does not need to be signed if accepted by equivalent words/conduct

  Reveille v Anoteck
• acceptance must mirror original offer (must be in prescribed way) 


  Hyde v Wrench
• if instructions are merely a suggestion, acceptance doesn't need to be in prescribed way


  Eliason v Henshaw
• acceptance doesn't need to be in prescribed way so long as it doesn't disadvantage offeror


  Yates v Pulleyn
• offeree must be aware of the offer to accept it 


  Inland Revenue Commissioners v Fry
• communication of acceptance must be made by an authorised person or offeror himself


  Powell v Lee
• what is the postal rule? 


  acceptance takes effect (binding contract) as soon as letter is put in postbox
• postal rule applies even if letter is lost in post AS LONG AS correctly addressed and stamped


  Household Fire Insurance v Grant
• postal rule only applies if it is reasonable to use post and doesn't manifest inconvenience or absurdity


  Holwell Securities v Hughes
• postal rule only applies to acceptance, not offers, counter offers or withdrawals 


  Bryne v Van Tienhoven
• acceptance via telex applies once recieved 


  Entores v Miles Far East
• when making an online contract, customer makes offer when buying product, and acknowledgement screen is acceptance 


  Electronic Commerce Regulations 2002 article 11
• emails/texts/calls are only effective during business hours (effective when in inbox)


  Brinkibon v Stahag Stahl
• postal rule doesn't apply if incorrectly addressed/stamped


  Getreid v Contimar
• established postal rule 


  adams v lindsell