ACCEPTANCE

ACCEPTANCE

1. ELEMENTS

   • Must be communicated
     • FELTHOUSE V BINDLEY
       • silence does not amount to acceptance
     • ENTOREES V MILES FAR EAST
       • acceptance takes place when it is recieved by offeror
     • BUTLER V EX-CELL-O
       • acceptance can be communicated through performance
     • BROGDEN V METROPOLITAN RAILWAY CO.
       • acceptance through performance
   • Must match terms of offer
   • Must be a certain agreement

2. POSTAL RULE

   • Where a letter is properly addressed and stamped, acceptance will take place at the moment at which the letter is posted
   • ADAMS V LINDSELL
   • SCAMMEL & NEPHEWS V OUSTON
     • Agreement must be certain - Objectively assessed
   • EGGLETON

3. CONDITIONS OF POSTAL RULE

   • Parties must not have excluded its use
     • HOLWELL SECURITIES V GRANT
   • Must be reasonable form of communication
   • Must be properly addressed and stamped
     • HOUSEHOLD FIRE INSURANCE V HUGHES
       • Does not matter if post is lost/arrives late
     • BRYNE V VAN TIENHOVEN
       • Cannot be withdrawn by posting subsequent letter
   • Must no cause absurdity or inconvience

4. THE RECEIPT RULE

   • Modern form of postal rule - deals with telex communications
   • Acceptance takes place when it is recieved
   • ENTORRES V MILES FAR EAST
     • THE BRINKIBON
   • THE BRIMNES
     • Revocation takes place moment it is read
   • MONDIAL SHIPPING
     • When acceptance is sent outside of office hours, it takes place at the start of the next working day