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Description
Flashcards by allie hatch, updated more than 1 year ago
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Created by allie hatch
almost 5 years ago
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| Question | Answer |
| who gave the definition of Acceptance ? what is it defined as ? | Treitel a final and unqualified expression of assent to the terms of an offer |
| what is acceptance ? | it turns a specific offer, made with the intention to be bound, into an agreement |
| what is the 'mirror image rule'? | offer and acceptance must mirror perfectly |
| what is 'consensus ad iden' ? | agreement of the same thing |
| if there is no request for further information, the offer us up for acceptance - what is the case ? | Stevenson, Jacques and Co. v Mclean |
| if both parties make offers at the same time, is there a contract? what if they are identical ? case? | no, no contract doesnt matter, still no contract Tinn v Hoffman |
| what does Gibbons v Proctor say ? | - is at odds with the principle that there must be knowledge of the offer in order to claim the reward |
| is the motive relevant ? case? | no, motive is irrelevant - Williams v Carwardine |
| what does a counter offer do to the original offer ? case what is a counter offer not ? | destroys original offer - Hyde v Wrench not acceptance of original offer |
| what is the general principle of communication of acceptance ? | acceptance needs to be communicated to the offeror |
| what are the 2 exceptions of this gen principle ? | 1. implied waive of 'communication' requirement Felthouse v Binley (performance of the act constitutes acceptance, no need to communicate It) 2. acceptances by post |
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