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39.1.2 ACCEPTANCE - Coggle Diagram

- - - - there can sometimes be a waiver of the requirement stated.
        
        Yates v Pulleyn (1975)
        
        an option to purchase land was required to be accepted in writing 'sent by registered or recorded delivery post'.
        
        when letter was sent by ordinary post it was argued there was no acceptance
        
        this argument was rejected as it was a convenience for the offeree, sent by registered post to be sure the acceptance was received
        
        Lord denning made the distinction between requirement being mandatory and being directory:
        (1) a mandatory instruction would've to be followed exactly (acceptance must be registered by post)
        (2) a directory instruction only requires completion within the time frame set - so any form of post would do.
      - if the offer requires a specific manner of acceptance, it must usually be complied with for a valid acceptance
  - - - Felthouse v Bindley
        
        there were discussions about the purchaser of a horse
        
        the offeror sent a final letter stating 'if i hear no more, i consider the horse mine'.
        
        there was no further contact from the offeree so the court decided there was no contract as the offer couldn't be accepted through silence or inactivity on the part of the offeree.
  - - - Wells v Devani (2019)
        
        In this case an estate agent brought proceedings against one of his client for not paying commission.
        
        Following a phone call between them, both parties agreed that the agent’s commission rate but the trigger event for payment hadn’t been addressed.
        
        The court implied terms which gave business efficacy to the contract in absence of written terms and conditions.
- - - - there's three ways of accepting an offer which need special attention:
        1) acceptance by conduct
        2) acceptance by use of the post
        3) electronic methods of communication