Acceptance

Question 1

Acceptance layout

Answer 1

• definition
• how to accept
• Postal acceptance
• Electronic acceptancee

Question 2

What is acceptance

Answer 2

Unconditional agreement to all of the terms of the offer
- must mirror the exact terns of the offer -> any variation is a counter offer BUT mere question has no legal effect (Stevenson v McLean)

Question 3

How to accept

Answer 3

• Silence alone is not acceptance. Acceptance must be communicated and requires a positive act (Felthouse v Bindley)
• METHODS:
• Acceptance by conduct (Brogden v Metropolitan Railway- continue to preform contract)( (Northern Ireland v Focal Foods - continue to deliver).
• Offeror specified method - must be in that method or an equally effective way (Yates V Pulleyn)
• Emoticons - thumbs up - suffice according to Canadian precedent may be persuasive

Question 4

Postal acceptance

Answer 4

• Offer accepted when letter posted not when letter arrived (Adams v Lindsell)
• ‘postal rule’ applies even when letter is never received (Household Fire Insurance v Grant)
• Exceptions:
  - letter not stamped or properly addressed
  - post not reasonable in circumstances ( i.e electronic offer) (Quenerduaine v Cole)
  - contents of letter = offer/counter-offer or withdrawal of offer
• Term in contract preventing postal rule by stating communication must actually be received (Howell Securities V Hughes)

Question 5

Electronic communication

Answer 5

• Acceptance by electronic communication means takes place when it is received (Entores/Brinkibon)
• Messages received ‘out of hours’ takes effect when reasonable to be expected to be read (Thomas v BPE Solicitors)