Acceptance

Cards (6)

  • Counter offers
    • rejections of original offer, not acceptance
    • cancellation of that offer
    • Hyde v Wrench- tried to reinforce a previous offer after a counter offer, but the counter offer had cancelled it
    • Butler Machine Tool v Excell-o-corp- included terms, not money
  • Conditional acceptance
    • If offerees put a condition in the acceptance, then it is not binding
  • Communication of acceptance
    • acceptance must be communicated to the offerror
    • Lord Denning in Entores v Miles Far East Corp- "if a man shouts an offer to a man across the river but the reply is not heard because of a plane flying over, there is not contract"
    • Felthouse v bindley- silence is not acceptance
    • Entores v Miles Far East Corp- acceptance not until it is recieved by the other person on technology
  • Exceptions to the communication rule
    • Unilateral contracts- carrying out task is enough to give acceptance
    • offerror may expressly or by implication waive the need for communication of acceptance
    • The postal rule- acceptance is as soon as it is posted
  • The postal rule extended
    • Adams v Lindsell- must be properly stamped and addressed
    • Holwell Securities v Hughes- only accepted when "seen in writing", therefore rule didn't apply
  • Knowledge of the offer
    • need to know knowledge of the offer when doing the act, if not then it is not acceptance
    • R v Clarke