Acceptance

• what is the definition of acceptance ?

  Acceptance can be defined as an unqualified agreement to the terms of the offer. Acceptance must be unconditional, therefore the offeree must not add any new terms as this is then a counter-offer and it brings an end to the original offer.  The acceptance must be a mirror image of the offer.
• what is the ratio of felthouse v Bindley

  Acceptance can't be by silence
• Acceptance must be communicated to the offeror. Generally acceptance will not be effective to the offeror by the offeree unless communicated.
• What is the ratio of Carlil v Carbolic smokeball co?

  It is an example of how acceptance can be done by conduct
• what case shows how acceptance cannot be done via silence?

  Felthouse v Bindley
• what are the 3 ways of accepting an offer?

  Acceptance by conduct

  Acceptance by Post

  Acceptance by electronic methods of communication
• In business contracts, quite often the job proceeds before the formal contract is agreed inall its details with numerous offers and counter offers
• What is the ratio of Adams v Lindsell?

  It shows where acceptance by post has been requested or is appropriate then the acceptance is complete as soon as the letter is posted. 
• What case gives the postal rule?

  Adams v Lindsell
• when will the postal rule not apply?

  If the letter has not been properly posted

  The letter has not been properly addressed

  it is unreasonable to accept by post
• When would it be unreasonable to be accept by post?

  Replying to a verbal offer

  posting on the eve of a postal strike
• when is an offer accepted?

  when the acceptance has been communicated to the offerer
• What did Lord Denning say in the case of Entores v Miles Far East in terms of accepting an offer

  The acceptance takes place when it has been communicated to the offeror.
• What was the ratio of Brinkibon v Stahag Stahl?

  Acceptances via out of hour messages will be effective when the office has been reopened.
• What case shows that acceptance via out of hour messages will only become effective when the office has reopened ?

  Brinkibon v Stahag Stahl