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Acceptance Communica
| Question | Answer |
|---|---|
| Can silence generally constitute acceptance? Refer to case law. | No. Felthouse v Bindley. Uncle said he would consider the horse his if he 'heard no more.' This did not constitute acceptance |
| What are the exceptions that allow for silence to constitute acceptance? | 1) It the fact that silence constitutes acceptance is proposed by the offeree. 2)In unilateral situations the offerer can waive acceptance of communication. 3) If there has been a course of dealing whereby the offeree has taken benefit of the service |
| Is acceptance valid before it is communicated to the offerer? | No, not as a general rule. |
| What case illustrates that acceptance by silence can be valid if proposed by the offeree? | Re Selectmove Ltd |
| What was the ratio in Powell v Lee? | Acceptance cannot be communicated by someone other than the offerer or official agent |
| What statute deals with unsolicited goods? | Section 47 of the Sale of Goods and Supply of Services Act 1980 |
| What points are stipulated in s47 of the Sale of Goods and Supply of Services Act 1980? | Where a person receives goods, and sender does not take possession/ is not prevented from doing so within 6 months = unconditional gift. Where a consumer receives from trader = unconditional |
| What is the postal rule? | 1. Acceptance is complete upon posting of the letter. 2. The contract is formed in the place of posting. |
| Name cases dealing with the postal rule? | Adams v Lindsell, Kelly v Cruise catering Ltd., Holdwell Securities v Hughes, Manchester Diocesan Council for Education v Commercial and General Investments |
| What was the seminal case dealing with the postal rule? | Adams v Lindsell. Defendant offered to sell wool but misdirected the letter. Plaintiff replied but wool was already sold. |
| Name an Irish case dealing with the postal rule? | Kelly v Cruise Catering. Held that the postal rule was correct although court opined that it may be unfair to hold a party to a contract where the acceptance had not actually been received. |
| Name an exception to the postal rule? | Where the letter is lost. Holdwell Securities v Hughes. |
| What was the point in Manchester Diocesan Council for Education v Commercial and General Investments? | Although acceptance of the tender was sent to the defendant's surveyor (wrong address) this was accepted as it did not adversely affect the purchaser. |
| What was illustrated by Staunton v St. Laurences Hospital Board and Ireland and the Attorney General? | The method of acceptance by the offeree generally cannot be prejudicial to the interests of the offerer. Otherwise the prescribed method will prevail. |
Created by:
sineadgriffin
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