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Acceptance - Coggle Diagram
Acceptance
Definition
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if acceptance does not meet the terms of the offer exactly the there is no consensus ad idem (Hyde v Wrench)
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Ignorance of an Offer
there is no contract where a person performs the conduct of an acceptance but is not aware of an offer - e.g. reward cases
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WILLIAMS V CARWARDINE - W gave information for the reward and to also ease her conscience. C then refused to pay the reward as W had not done it solely for that. It was held that W was entitled to the reward as she had performed the acceptance regardless of her motives.
but where there is no knowledge of an offer, there is no contract
R v CLARKE - D stated in court that he had given information to clear himself of charges and that he had forgotten about the reward at the time of giving the information. Forgetting was the same as not knowing about it so there was no contract.
Methods of Acceptance
Post and Telegram
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this should be used if the offer was made by post or clearly stated that the acceptance should be by post
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Postal Rule
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ADAMS V LINDSELL - D wrote an offer to C but the letter was misdirected. As soon as P received it he posted acceptance. When D did not receive acceptance by the specified date he sold to a third party however the acceptance was made when it was posted and not when D received it.
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Telephone, Telex, Fax, Email, Text
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in ENTORES, Lord Denning explained that the postal rule does not apply to acceptance instantaneous methods - "not till I have the answer am I bound"
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BRINKIBON V STAHAG STAHL - a telex message sent outside of office hours was not received until the office opened again and only then was the contract formed.
Machines
where a machine is used to accept, different rules apply
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the person buying from the machine activates it to make the acceptance - this is the point of no return (THORNTON V SHOE LANE PARKING)
Distance Trading
Consumer Protection Regulations 2000were introduced to protect individual people from problems that may arise when purchasing goods they cannot see.
the regulations apply where the sale is by telephone, fax, internet, mail order, email, television
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there are partial exemptions for transport, accommodation, catering, perishable goods, personalised goods, newspaper.
Article 11, Electronic Commerce Regulations 2002, states that where consent is clicking an icon, the contract is formed when the buyer receives an electronic receipt
Prescribed Acceptance
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PARKINSON STOVE CO. - they made an offer stating clearly that acceptance would only be valid if it was on the form provided. Acceptance took the form of a written letter and therefore was not valid.
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Silence
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FELTHOUSE V BINDLEY - C wrote 'if I hear no more about him I presume the horse is mine' and the horse was mistakenly sold at auction. C tried to recover the horse but failed because silence does not amount to acceptance.
No Prescribed Acceptance
if no method is stated then it is expected that the acceptance is made through the same method the offer was made.
Waiver
This means acceptance does not need to be communicated and will take effect through the offeree's conduct