Mindmap
Acceptance
Inhalt der Mindmap
Acceptance
Courts will apply an objective test to determine whether there is valid acceptance
Methods of Acceptance
- 1) Acceptance by Conduct
- In a unilateral contract, acceptance always via conduct.
- Bilateral contract may be accepted by conduct
- Brogden v Metropolitan Railway = There has to be some external manifestation of acceptance
- Acceptance By Silence
- Felthouse v Bindley = Acceptance must be communicated, silence doesn't constitute acceptance
- Taylor v Allen = Acceptance inferred from conduct (silence) can only have effect if the offeree performed the act in question with the intention of accepting the offer.
- Re Selectmove = Generally silence doesn't amount to consent, may be different where offeree possess authority to contract
- Felthouse v Bindley = Acceptance must be communicated, silence doesn't constitute acceptance
- Acceptance by Post
- Adam v Lindsell = Posted acceptance complete on postal
- Adam v Lindsell = Acceptance will still apply when letter lost in post
- Household Fire Insurance Co v Grant = Acceptance still apply even if letter hasn't arrived
- Henthorn v Fraser = Postal acceptance applied only where reasonable for offeree to use as a method of communication
- Powell v Lee = Acceptance of an offer must be communicated to offeror by offeree himself or authorized agent
- Electronic Communication
- Entores v Miles Far East Corp = Acceptance must be heard in order to be effective. Acceptance takes place where & when received
- Brinkibon v Stahag Stahl = Acceptance should take effect at the time aceptor could reasonably have expected it to be read
- The Pamela = Where message reaches offeror outside business hours, acceptances takes place on next working day
- Eastern Navigator = Email notice effective when it has been sent though recipient chose to ignore it thinking it was junk
- Thomas v BPE Solicitors = Acceptance email effective when received
- Holwell Securities v Hughes = Offerer may specify certain method of acceptance
- Williams v Cawardine = No acceptance where there was no knowledge of the of offer
- 1) Acceptance by Conduct
Tinn v Hoffman = No contract where there are only cross-offers
- (offer made to another in ignorance that the offeree has made the same offer to the offeror)
Informationen
- Beschreibung
- Undergraduate [First Year] Contract Law Mindmap am Acceptance, erstellt von Kieran Deaville am 14/11/2017.
- Erstellt von
- Kieran Deaville
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