Contract Law: Acceptance

Question 1

What is acceptance?

Answer 1

• Final and unconditional agreement to all the terms of the offer.
• Does not have to be in the same form as offer
• Yates v Pulleyn

Question 2

How can acceptance take place?

Answer 2

• Positive act
• Postal rules
• Electronic communications

Question 3

Positive act

Answer 3

Cannot be silence (Felthouse v Bindley).

Question 4

Postal rules

Answer 4

• Only applies to letters of acceptance.
• Acceptance takes place the moment the letter has been posted

Question 5

Postal rules: actual rules

Answer 5

• Only applies if post is usual way of communication
• Must be properly addressed and stamped
• Must be able to prove letter was posted.

Question 6

Electronic communications

Answer 6

• Takes place when recieved rather than sent (Brinkibon v Stahag Stahl)