Acceptance
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| What is acceptance? | Acceptance is a final and unequivocal agreement to the terms of the offer.
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| Can acceptance be implied? | Yes, through conduct.
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| What condition must be met for acceptance to be implied? | The conduct must be referable only to the terms of the contract
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| 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.
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| What was the point in Commerce Commission v Telecom Mobile Ltd | Conduct implied acceptance
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| Can acceptance be made in ignorance of an offer? Refer to case law. | No. R v Clarke
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| Can acceptance be valid if unmotivated by an offer? Refer to case law. | Yes. Williams v Carwarding.
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| Name seminal cases dealing with counter-offers. | Hyde v Wench, Wheeler v Jeffory, Stevenson v McClean, Hamilton v Judge
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| 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.
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| 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.
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| What was the ratio in Stevenson v McClean? | 'or the longest limit you could give'. No counter offer.
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| What was the ratio in Hamilton v Judge | Document with price added was a new offer.
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| 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.
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Created by:
sineadgriffin
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