Acceptance Principles

Brogden v Metropolitan Rail

Amending the contract B made a counter-offer. An order being was placed was acceptance by conduct.

Acceptance

Final and unconditional agreement to all the terms of the offer.

Entores v Miles Far East

Acceptance must be communicated

Yates v Pulleyn

Accepting by normal delivery when recorded/special delivery was requested, made no practical difference

Williams v Cawardine

even if doing for other reasons still entitled to the reward

R v Clarke

An offer cannot be accepted if not known of or if forgotten.Forgetting about the reward is the same as never having known of the reward.

Four ways of acceptance

1. Conduct

2. Positve act

3. By post

4. Electronic and other forms

Conduct

Acceptance can be waived either expressly or impliedely such as in Carlill

(Reveille v Anotech)

Felthouse v Bindley

Silence is not acceptance

Adams v Lindsell

Postal rule - acceptance takes place when posted

Post

The postal rules - acceptance takes place at the moment the letter is posted.

Postal rule only applies if:

Post is the usual or expected method of communication between the parties.

Henthorn v Fraser

Acceptance by post is reasonable if within the contemplation of the parties.

Re London and Northern Bank

The letter must be properly stamped and addressed.

Holwell v Hughes

Postal rule does not apply where acceptance will only take effect when it is communicated to the offeror is requested.

Household fire v grant

The postal rule applies even if the letter of acceptance is lost in the post / never arrives.

Electronic and other forms of communication

The principle is that acceptance takes place when the offeror is aware of the acceptance.

Brinkibon Ltd v Stahag Stahl

Acceptance - communication sent outside office hours is effective on the next business day.

The Brimnes

It is the recipient's responsibility to look for messages sent during office hours.

Thomas v BPE Solicitors

Acceptance communicated on a friday evening would be reasonably expected have been read.

Dealing with machines

The owner of a machine holds it ready to make an offer, the person buying from the machine accepts by activating it.

Thornton v Shoe Lane Parking

A machine is a standing offer that can be accepted by using it

Esso v Commissioners of Customs and Excise

Where a 'free gift' is offered when purchasing an item, it is the subject of a collateral contract (there is legal intent) and is accepted when the customers accepts the main contract - in this case by buying the petrol.

The Electronic Commerce Regulations 2002

Items on the Internet are an invitation to treat.