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| acceptance can be by conduct |
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Definition
| brogden v metropolitan rail company |
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| the case concerned contracts to carry out carpentry work on a building project the case was aid to take into accound the reasonabel expectations of sensible businessmen" not the "unexpressed mental reservationsof the parties. it was also important that in this siuuation the work was actually being carried out, whether or not the offer and acceptane were aparent and easily identifiable. |
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| non instantaneous methods of acceptance |
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| entores, burden is on the offeree to communicat acceptance. |
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| the offeror asked for acceptance to be made by letter using registered or recorded delivery. the leter was sent by normal deluvery, but it made no practical differece to the offer, since the letter was deluvered on time,so acceptance by this method was binding. |
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| silence is not acceptance |
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| silence is not acceptance |
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| unclle offers to buy horse, if he hears nothing more from him then he considers the horse his. |
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williams v cawardine
r v clarke |
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| whether acceptance is acceptble by the post depends on the facts of the case |
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| lord hershell in henthorn v fraser |
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| post would be reasonable where it 2MUST HAVE EEN WITING THE CONTEPLATION OF THE PARTIES THAT, ACCORING TO THE ORDINARY USAGES OF MANKIND THAT POST MIGHT BE USED AS MEANS OF COMMUNICATINTG ACCEPTANCE OF AN OFFER. |
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| acceptance made as soon as posted |
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| defendants wrote ofering to sell the plaintiffs some fleeces of wool, asking for a reply in the curse of post. the letter containing the offer was misdirected and lt in a rrivin, but when it did arrive, the plaintiffs posted an immediate accetance back to the defendants. however, when no acceptance was received by the epected time, the plaintiffs sold the wool to someone else. it was held that a valid acceptance had been made when the plaintiffs posted their reply, leaving the defendants in breach of contract. |
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Term
| letter of acceptance lost in the post and never arrived, courts still held acceptance binding |
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Definition
| household fire insurance v grant |
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| a letter is posted when it is correctly addressed and stamped and placed in an official post box |
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Definition
| re london and northern bank. |
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| telegrams are treated in the same way as letters |
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| telexes are treated the same way as telephone calls |
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cheshire and fifoot
the brimnes |
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Definition
| it is reasonable to assume that a letter which arrives in office hours is reeived when it arrives, whether or not it is opened immediately. it was said that it is the responsibility of the recipient to ook for messages which are delivered during normal office hours. |
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guthing v lynn
a promise to paymore moeny to the seller of the horse of it proved to be lucky to a buyer was held to be too vague. |
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| harris v nickersonan advert for an acution was merely an invitation to prospecitve buteyers to come and make bids at an auction if it was held |
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| there is no minimum reserve price ont he articles for sale, so the auctioneer will accept the highest bona fide bid. there is a second, or collaeral contract beten the auctioneer and the bidders, that whoever becomes the highest bona fide bidder will be entitled to the goods, whatever the highest bid may be. |
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| the highest bona fide bidder turned out to be his owener. |
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| auctioneer withdrew two machines worth 14,000 each from a sale advertised "WITHOUT RESERVE" refusing to accept a bid of £200 each. |
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