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Mind map

Acceptance

Kieran Deaville [First Year] Contract Law Undergraduate English

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Acceptance

  1. Courts will apply an objective test to determine whether there is valid acceptance

  2. 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
    • 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
  3. 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)

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Undergraduate [First Year] Contract Law Mind Map on Acceptance, created by Kieran Deaville on 14/11/2017.
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Kieran Deaville
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