Define acceptance
An agreement to all terms of the offer
When is an acceptance made valid?
As soon as it is communicated
Felthouse v Bindley (always include)
Acceptance can be in any form - written, email text, by conduct.
A verbal statement that is clearly heard and understood fulfils these requirements.
Silence is not an acceptance
Acceptance can be in any form - written, email text, by conduct.
A verbal statement that is clearly heard and understood fulfils these requirements.
Silence is not an acceptance
Felthouse v Bindley (always include)
Carlill v Carbolic Smokeball on acceptance
You can accept an offer in a unilateral contract through your conduct
You can accept an offer in a unilateral contract through your conduct
Carlill v Carbolic Smokeball
Adams v Lindsell
If the acceptance is sent by post, it is made valid as soon as the letter has been posted.
It must be properly addressed and the usual method of communication.
Acceptance by post case
Adams v Lindsell
If the acceptance is sent by post, it is made valid as soon as the letter has been posted.
It must be properly addressed and the usual method of communication.
Adams v Lindsell
Electronic and other forms of communication case
Entores v Miles Far East
Entores v Miles Far East
Acceptance by fax, email or text is made valid when it will be received rather than sent.
Acceptance by fax, email or text is made valid when it will be received rather than sent.
Entores v Miles Far East