Acceptance

• 5. acceptance

  -> offer must be validly accepted by the offeree and acceptance communicated back to the offeror

  -> acceptance is a final unconditional agreements to all terms of the offer

  acceptance must

  • mirror the offer
  • not change the term of the offer
  • be communicated properly back to the offeror
• communication

  • must be communicated back to the offeror

  -> silence is not acceptance- felthouse v brindley

  ->communication from offeror to offeree must be definite and certain
• can be made in any form unless specified otherwise

  yates v pulleyn

  -> sent ordinary post rather than recorded delivery

  -> lord denning- instructions a guide and any post would suffice
• unconditional

  ->must be unconditional- stevenson v mclean
• can be communicated through conduct 


  -> occurs where parties actions indicate their agreement to the offer without explicit verbal/written acceptance

  reveille independent LLC v Anoteck international

  -> acceptance by conduct can occur and prescribed method of acceptance may be waived
• postal rule 1

  • only applies to letters of acceptance
  • post must be usual or expected means of communication
  • letter properly addressed/stamped
  • offeree must be able to prove letter was posted
• postal rule 2

  -> acceptance is valid the minute the letter is posted, not when its received - adams v lindsell

  -> postal rule can be excluded from terms in the offer - holwell securities v hughes - doesnt apply if expecting reply in a certain timeframe

  -> forms a valid contract even if letter is sent and not received- household fire insurance v grant ->postage creates a binding contract
• electronic communication 1

  ->general rule- acceptance is valid when offeror becomes aware of it- entores v miles south east- acceptance by telex machine was deemed received when the telex was received

  -> thomas v bpe solicitors - effectiveness depends on parties intentions, business practices and judgement of where risks should lie- 6pm within working hours

  -> offer accepted via instantaneous means, provided the person signing the contract intended to authenticate it/ formalities related to it are executed- brinkibon v stahag stahl- out of hours messages only effective when office reopens
• electronic communications 2

  ecommerce regulations 2002 article 11 -> when buyer required to give consent via tech, contract is formed when buyer receives electronic acknowledgement of acceptance

  consumer protection ( distance selling) 2000 provides additional rights to consumer rights act 2015-> if seller fails to provide consumers with necessary info-> no contract