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Acceptance

QuestionAnswer
What is acceptance? Acceptance is a final and unequivocal agreement to the terms of the offer.
Can acceptance be implied? Yes, through conduct.
What condition must be met for acceptance to be implied? The conduct must be referable only to the terms of the contract
Name a case dealing with implied acceptance? Brodgen v Metropolitan Rwly Co. Plaintiff supplied coal informally. Formalised in draft. Defendants signed and added details. Proceeded to act in accordance with document.
What was the point in Commerce Commission v Telecom Mobile Ltd Conduct implied acceptance
Can acceptance be made in ignorance of an offer? Refer to case law. No. R v Clarke
Can acceptance be valid if unmotivated by an offer? Refer to case law. Yes. Williams v Carwarding.
Name seminal cases dealing with counter-offers. Hyde v Wench, Wheeler v Jeffory, Stevenson v McClean, Hamilton v Judge
What was the ratio in Hyde v Wrench? By suggesting £900 Hyde had made a counteroffer, thereby rejecting the original offer of £1000. This could no longer be accepted.
What was the ratio in Wheeler v Jeffrey? No commencement date was specified in the offer. When one was this was deemed to be the offer.
What was the ratio in Stevenson v McClean? 'or the longest limit you could give'. No counter offer.
What was the ratio in Hamilton v Judge Document with price added was a new offer.
When does an enquiry not constitute a counter offer? Name 3 circumstances. If it departs from the wording to make an implied term express. If it indulges the offeee. If the additional material was negotiated prior and simply left out of the document.
Created by: sineadgriffin
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