Acceptance

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  • Created by: Lydlyn
  • Created on: 26-11-19 16:20
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  • Acceptance
    • 'Battle of the forms'
      • Brogden v Metropolitan Railway Co. (1877)
        • Changing terms of contract is counter offer, accepted when company first ordered coal
        • Acceptance from conduct implied
      • Butler Machine Tool Co v Ex-Cell-O (1979)
    • Manner of Acceptance
      • Manchester Diocesan Council v Commercial & General Investments (1970)
        • No specified that preferred mode was only
    • Knowledge of offer
      • R v Clarke (1927)
        • Was not aware of offer whilst performing, so could not claim
      • Williams v Cowardine
        • Motive of performance irrelevant if have knowledge
    • Communication of acceptance
      • Felthouse v Bindley (1862)
        • Silence is not acceptance
    • Time of formation
      • Postal rule (Adams v Lindsell)
        • Household Fire Insurance v Grant (1879)
          • Acceptance communicated even if post lost or delayed
            • Holwell Securities v Hughes (1974)
              • 'notice' meant that post had to be received
      • Instantaneous communication
        • Entores v Miles Far Eastern Corporation (1955)
          • Acceptance when received - Brinkibon v Stahag Stahl (1983) - sent outside working hours accepted when capable of being read

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