Acceptance

• What constitutes acceptance in contract law?

  Final and unconditional agreement to all offer terms
• What happens to an offer once it has been accepted?

  There is an agreement and it ends
• How must acceptance be communicated?

  Written, email, or text to the offeror
• Besides written communication, what form can acceptance take?

  Conduct
• Must acceptance be in the same format as the offer?

  No, it can be in any form
• In Brogden v Metropolitan Rail Co, what action constituted acceptance?

  Placing an order
• In Brogden v Metropolitan Rail Co, what was the effect of B altering the terms?

  B made a counter-offer
• What is unique about acceptance in unilateral contracts, such as Carlill v Carbolic Smokeball Co?

  Acceptance need not be communicated
• What form do unilateral contracts often take?

  Reward cases
• In reward cases, what constitutes acceptance?

  Performing the act
• What requirement is waived by the offeror in unilateral contracts?

  Communication of acceptance
• In Entores v Miles Far East, why was the contract formed in England?

  Acceptance was received there
• According to Entores v Miles Far East, whose burden is it to communicate acceptance?

  The offeree's
• When is acceptance effective, according to Entores v Miles Far East?

  As soon as it is received
• What is prescribed acceptance?

  Mandatory acceptance instructions by offeror
• In prescribed acceptance, can other methods be valid?

  Yes, if they don't disadvantage offeror
• In Yates v Pulleyn, what was the prescribed method of acceptance?

  Registered or recorded delivery
• In Yates v Pulleyn, why was acceptance by normal delivery valid?

  Made no practical difference
• If no method is prescribed, what form should acceptance take?

  The form of the offer
• If no method of acceptance is prescribed, what method is acceptable?

  Any reasonable method
• According to Williams v Carwardine, is motive relevant if a person knows about a reward?

  No, it is irrelevant
• In Williams v Carwardine, what was the primary reason for giving the information?

  To ease her conscience
• In R v Clarke, what invalidated his claim to the reward?

  Forgetting about the reward
• According to R v Clarke, what is the consequence of not knowing about the offer?

  There is no contract
• How can the requirement for communication of acceptance be waived?

  Expressly or impliedly
• What type of offer typically waives the need to communicate acceptance?

  Unilateral offer
• In Reveille v Anotech, what action was interpreted as acceptance?

  Performing obligations under the contract
• How did the offeror accept in Reveille v Anotech?

  By conduct
• What type of action is required for acceptance?

  Positive act
• In Felthouse v Bindley, what did the court decide about silence?

  Silence was not an acceptance
• According to Felthouse v Bindley, what is required for acceptance?

  Positive conduct
• In Carlill v Carbolic Smokeball, what positive act constituted acceptance?

  Using the smokeball
• To what does the postal rule apply?

  Letters of acceptance only
• According to the postal rule, when does acceptance take place?

  When the letter is posted
• When does the postal rule apply?

  If post is usual or expected method
• When is post NOT the usual or expected method of communication?

  Offer made more directly, e.g. telephone
• In Henthorn v Fraser, why was acceptance by post deemed reasonable?

  It was within contemplation of parties
• What two things must be done correctly for the postal rule to apply?

  Properly stamped and addressed
• What must the offeree be able to prove to rely on the postal rule?

  Letter of acceptance was posted
• In Adams v Lindsell, when was the offer accepted?

  When Adams posted the letter