Acceptance Communica
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| 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
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| 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
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| Is acceptance valid before it is communicated to the offerer? | No, not as a general rule.
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| What case illustrates that acceptance by silence can be valid if proposed by the offeree? | Re Selectmove Ltd
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| What was the ratio in Powell v Lee? | Acceptance cannot be communicated by someone other than the offerer or official agent
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| What statute deals with unsolicited goods? | Section 47 of the Sale of Goods and Supply of Services Act 1980
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| 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
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| What is the postal rule? | 1. Acceptance is complete upon posting of the letter.
2. The contract is formed in the place of posting.
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| 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
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| 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.
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| 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.
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| Name an exception to the postal rule? | Where the letter is lost. Holdwell Securities v Hughes.
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| 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.
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| 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.
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sineadgriffin
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