Acceptance

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  • Acceptance
    • ‘A contractual acceptance has to be a final and unqualified expression of assent to the terms of the offer’ - Court of Appeal in Day Morris Associate v Voyce (2003).
    • How can acceptance take place?
      • unilateral? performance of the act
      • bilateral can be through simple shop transactions
      • by post = Adams and Others v Lindsell and Another (1818) and Household fire and Carriage Accident Insurance v Grant (1879) - when it is properly posted and this includes where lost
      • instantaneous = Entores v Miles (1955) - when it is recieved
      • in office hours = effective on receipt not read. out of office hours = next working day
      • acceptance in ignorance of offer? no - Gibbons v Proctor 1891
    • terminations
      • Unilateral - cannot terminate once act has started - Errington v Errington 1952
      • bilateral: rejection, lapse, revocation
        • rejection
        • lapse - passage of time Ramsgate v Montefiore (1866), death of a party ·       Bradbury v Morgan (1862) or non fulfilment of a condition requirement - Financings v Stimson (1962) -
        • Revocation -  Payne v Cave (1789) held that the offeror may withdraw his offer at any time before acceptance
          • Bryne v Van Tienhoven (1880) - Revocation of an offer is effective only upon actual notice of it reaching the offeree. Essentially, if you want to revoke an offer, do it as fast as you can. It must be communicated to be effective
  • Revocation -  Payne v Cave (1789) held that the offeror may withdraw his offer at any time before acceptance
    • Bryne v Van Tienhoven (1880) - Revocation of an offer is effective only upon actual notice of it reaching the offeree. Essentially, if you want to revoke an offer, do it as fast as you can. It must be communicated to be effective

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