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Acceptance- Unconditional agreement to accept an offer (Form (Acceptance…
Acceptance- Unconditional agreement to accept an offer
Communicated to the offeror
Silence
Felt house v Bindley 1862- If i don't hear from you I consider the horse mine for £30. No acceptance
Form
Acceptance by particular method is demanded, must be by that method
Yates v Pulleyn 1975- Acceptance to be in writing by registered delivery. Sent by ordinary post meaning no proper acceptance
Northern Foods v Focal Foods 2001- NF offered a 3yr contract supply onions at fixed price. FF delivered at asking price but tried to increase it. FF had accepted by conduct (delivery)
Postal Rule
Adams v Lindsell 1818- Wool offered sale by l to be by post. Post was slow, wool sold to another before A's letter of acceptance. Acceptance occurs when letter is posted.
Rules to postal rule > Letter must be correctly addressed, stamped and posted > Both parties must expressly or impliedly agreed the use of post
Other communication
Entrores v Miles Far East Dispute arose over timing of acceptance of telex
Thomas v BPE Solicitors- email was received by Solicitor at 6pm Friday but ignored until Monday. Email took effect at 6pm Friday solicitor could responsibly be expected to have read it. (Office Hours)
Unconditional- A mirror image of an offer
Hyde v Wrench
A mere enquiry will not be acceptance
Stevenson v McLean
S know if delivery could be by instalments and if credit available sent letter to M. S letter was more mere enquiry offer was still open and had been accepted later.
Guthing v Lynn 1831
Central core agreement a promise to pay £5 more "if the horse is lucky' was not an offer that could be accepted. Too vague