Acceptance

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Flashcards on Acceptance , created by allie hatch on 22/07/2019.
allie hatch
Flashcards by allie hatch, updated more than 1 year ago
allie hatch
Created by allie hatch over 5 years ago
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Question Answer
who gave the definition of Acceptance ? what is it defined as ? Treitel a final and unqualified expression of assent to the terms of an offer
what is acceptance ? it turns a specific offer, made with the intention to be bound, into an agreement
what is the 'mirror image rule'? offer and acceptance must mirror perfectly
what is 'consensus ad iden' ? agreement of the same thing
if there is no request for further information, the offer us up for acceptance - what is the case ? Stevenson, Jacques and Co. v Mclean
if both parties make offers at the same time, is there a contract? what if they are identical ? case? no, no contract doesnt matter, still no contract Tinn v Hoffman
what does Gibbons v Proctor say ? - is at odds with the principle that there must be knowledge of the offer in order to claim the reward
is the motive relevant ? case? no, motive is irrelevant - Williams v Carwardine
what does a counter offer do to the original offer ? case what is a counter offer not ? destroys original offer - Hyde v Wrench not acceptance of original offer
what is the general principle of communication of acceptance ? acceptance needs to be communicated to the offeror
what are the 2 exceptions of this gen principle ? 1. implied waive of 'communication' requirement Felthouse v Binley (performance of the act constitutes acceptance, no need to communicate It) 2. acceptances by post
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