ELEMENT 2 : ACCEPTANCE

Question 1

Adams v Linsdsell

Answer 1

• The seller had sent a a letter regarding the buyer’s acceptance purchasing wool
• buyer responded on the same day but wasn’t received until sometime
• the seller sold to a 3rd party
  -held that acceptance happen the moment the buyer sent the letter according to postal rule

(acceptance by Post)

Question 2

Holwell Securities v Hughes

Answer 2

• Defendant offered claimant to purchase house but in must be “notice in writing” for it to be valid and gave duration of 6 months
• claimant had sent the letter
• letter was lost in post
  -isn’t postal rule because it was specified earlier than it had to be “notice in writing”

Question 3

Household Fire Insurance v Grant

Answer 3

• Grant ( defendant) applied for shares in Household fire insurance (claimant)
• claimant issued a letter notice to grant about payment but was lost in post
• claimant later when bankrupt and the liquidator came to get payment but grant refused because he was not made aware of this
• court ruled that it was postal rule since the acceptance was made the moment it was mailed

Question 4

Entores v Miles Far East Corp

Answer 4

• Entorees = claimant (london)
• Miles far east corp = defendant (Amsterdam)
• claimant had offered to buy sale equipment and issued a letter
• defendant replied through telex
  -dispute happened and they decided which jurisdictions to use
• Held that contract was made in England when the telex was first received

(Instantaneous)

Question 5

Brinkibon v Stahag Stahl

Answer 5

• Telex had been received out of working hours
• acceptance would occur the moment the office reopened

(Instantaneous)

Question 6

Thomas and Another v BPE Solicitors

Answer 6

• Postal rule was inapplicable to email communications

(Instantaneous)

Question 7

Butler c Ex-cell-O

Answer 7

• Claimant had a standard form with price variation
• Defendant had a standard form without price variation but requires a signature to be returned
• Claimant returned the slip
• not accepting original offer.

(Battle of Forms)

Question 8

G. Percy v Archital

Answer 8

• Claimant is a contractor in design unit
• Claimant went into a subcontract with Defendant to install doors and windows
• dispute happend
• uphold contract

Question 9

Felthouse v Bindley

Answer 9

• uncle and nephew negotiating price of horse
• uncle said “if i hear nothing from you i considered that horse mine”
• the horse was sold to 3rd party in auction
• no contract as the nephew didn’t communicate his acceptance

Question 10

Henthorn v Fraser

Answer 10

• Defendant and claimant were negotiant price to buy a house for 600 pound.
• it was rejected and came to a conclusion for 750 pound valid for 14 days.
• another buyer was interested and the defendant posted a notice stating to withdrew the offer.
• while this was going on, the claimant had also responded to the offer and arrived when the office was closing
• acceptance was read the next morning.

Question 11

Re London & Northern Bank

Answer 11

• a proper means of acceptance