acceptance

• general rule of acceptance

  it takes place when its communicated to the offeror
• how must acceptance be

  positive and unqualified

  • must be acceptance of the whole offer, no acceptance if the response is 'yes, if'
• what form can acceptance be in

  any form, providing it's unequivocal and communicated to the offeror. it doesnt have to be in the same format

  • an email can be responded to a text message
• specific method of acceptance

  an offeror can specify the way they would like to recieve acceptance, however alternaative methods may still be valid, provided it doesnt put the offeror at a disadvantage (Yates v Pulleyn)
• posiitve conduct

  (Carlil v Carbolic Smoke Ball)

  • C can be entitled to the reward even if he was not aware of it at the time (Gibbons v Proctor) but not if information was given before the offer (Fitch v Snedeker)
• acceptance by silence

  acceptance cannot be by silence, there must be some form of positive act for acceptance (Felthouse v Bindley)
• postal rule

  (Adam v Lindsell)

  • the rule only applies to letters of acceptance, not to offers or counter offers
• the postal rule will only apply if

  • the post is the usual/expected means of communication
  • the letter must be properly addressed and stamped
  • the offeree must be able to prove that that the letter was posted
• if the postal rule applies

  acceptance takes place at the moment the letter is posted unlessotherwise is specified by the parties (Holwell Securities v Hughes)
• electronic methods of communication

  • out of hour messages only effective once office is reopened (Brinkibon v Stahag Stahl)
  • omitting to provide key information to a consumer means no contract is formed (Consumer Protection)
  • the contract is made when the buyer has recieved an acknowledgement of a reciept of acceptance (Article 11)