Acceptance

Question 1

1) Defintion of Acceptance

Answer 1

Acceptance confirms that the terms and obligations of the offer have been agreed upon. Once it is accepted there is a binding contract.

Question 2

2) What form does acceptance need to be in?

Answer 2

Acceptance can be in any form and does not need to be in the same method in which the offeror had used as long as the offeror accepts that method. Methods can also be waivered. (Yates v Pulleyn)

Silence never indicates acceptance and is not a method of acceptance. (Felthouse v Bindley)

Question 3

3.1) Acceptance by Conduct - Apply only if RELEVANT

Answer 3

Acceptance can take place through physical actions. (Carlill v Carbolic Smokeball Co)

Can also use (Reveille Independent LLC v Anotech International Ltd)

Question 4

3.2) Acceptance by Post - Apply only if RELEVANT

Answer 4

Postal Rules apply

The rule is acceptance takes place as soon as the letter is posted (Adams v Lindsell) as long as the following rules apply:
A. Post must be the expected means of communication
B. The letter MUST be properly addressed and stamped.
C. Offeree must be able to prove that the letter has been posted i.e photo, receipt etc

Question 5

3.3) Acceptance through electronic methods - Apply only if RELEVANT

Answer 5

An offer can be accepted through electronic methods provided that:

A. The person sigining the document does intent to authenticate the document

And

B. Any formalities relation to executing/signing that document are satisifed such as agreeing to click on an icon accepting terms and conditions.

Article 11 (Must Mention ) - States that where a buyer is required to give consent through technologcial means, the contract is formed once the buyer has received an acknowledgement of receipt of the acceptance through electronically e.g email