Acceptance

• What is acceptance?

  An agreement to all the terms of an offer exactly
• What must acceptance be to be effective?

  communicated
• In what case did acceptance took place when it was received?

  entores
• what did Lord Denning say?

  not till I have the answer am I bound
• Acceptance is not effective if it is through?

  silence
• In what case the acceptance was through silence?

  Felthouse v Bindley
• Acceptance is effective if it is through?

  conduct
• In what case was acceptance through placing an order?

  Brogden
• when is acceptance by mail effective?

  as soon as the letter is posted
• What is the postal rule?

  Acceptance takes place as soon as the letter is posted and not when received
• What case is an example of acceptance by mail?

  Adams v Lindsell
• How can the postal rule be avoided?

  if the offer asks for notice in writing
• What case states postal rule cna be avoided if the offer asks for notice in writing?

  Holwell v Hughes
• The terms of acceptance must match the offer exactly.
• In what case was the farm offered at £1000 and the buyer offered £950?

  Hyde v Wrench
• What must the agreement be?

  certain
• Someone looking at the agreement can identify exactly what both parties have agreed to.
• In what case was a van supplied for £268 to be paid back over 2 years?

  Scammell
• In what case was a right to purchase property if 2 surveyors provided a price certain?

  Sudbrook Trading
• What does prescribed acceptance means?

  Acceptance must take a certain format otherwise it will not be valid
• In what case acceptance will only be valid if it was on the form provided?

  Parkinson Stove Co
• Other methods may be accepted as long as it does not disadvantage the offeror
• In what case using normal postal delivery did not disadvantage the offeror?

  Yates v Pulleyn
• What does no prescribed acceptance means?

  No method has been stated
• Acceptance should be the same as the offer or any other reasonable method
• What does ignorance of an offer mean?

  A person performs acceptance but is unware of the offer eg: reward
• In what case forgetting about the reward is the same as being unaware?

  R v Clarke
• If a person performs acceptance but does so for reasons other than the reward it is allowed
• In what case giving information to ease her conscience as well as for the reward was acceptance?

  Williams v Carwardine
• what do non instant methods of acceptance means?

  post and telegram
• When is a letter posted?

  when it is stamped, addressed and placed into an oficial post box
• What case said a letter is posted when it is stamped, addressed and plased into an official post box?

  Re London & Northern Bank
• In what case did was the letter lost in the post but there was still a binding contract?

  Household Fire Ins v Grant
• What are instant methods of acceptance?

  Email, telephone, text, fax
• In what case an out of office telex message mean acceptance was not recievied until the office opened again the next day?

  Brinkibon v Stahag Stahl