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Acceptance Communica

QuestionAnswer
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