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Contract Law: Part Two
AS Law AQA…read more

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An acceptance is an agreement to an offer.
All the terms of the offer must agree to form
a contract. If it doesn't then it is a counter
offer and not a contract.…read more

Slide 3

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Stevenson v McLean (1880)
The defendant offered to sell iron to the
claimant, the offer to remain open until the
next Monday. The claimant replied by asking,
if he might buy goods on credit. He did not
receive a reply from the defendant so on
Monday, Stevenson telegraphed a full
acceptance. The court held that asking if he
could buy the goods on credit was a mere
request for information, so the offer
remained open and was accepted…read more

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Method of acceptance...
The offeror can specify how the offer is to be
accepted. Eliason v Henshaw (1819) the
claimant offered to buy flour from Henshaw, the
acceptance had to be given to the waggoner
who delivered the offer. Instead Henshaw sent
his acceptance by post which arrived after the
waggoner had returned. The court held that it
was not a valid form of acceptance as it was not
specified by Eliason. If there was no prescribed
way of communicating the acceptance
would've been effective.…read more

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Communication of acceptance
It is not possible to accept an offer by staying silent.
This was illustrated in Felthouse v Bindley (1862)
where the defendant had had a discussion about
the possibility of the uncle buying a horse from the
nephew for either £30 or 30 guineas. The uncle the
wrote to his nephew and stated "if I hear no more
about it I will consider the horse to be mine" The
nephew did not reply but ordered the auctioneers to
withdraw the horse from sale. By error the horse was
auctioned and Felthouse sued claiming that he had
a contract with his nephew had not communicated
the acceptance of the offer, there was no contract…read more

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Postal Rules on Acceptance...
An exception to the rule that acceptance must
be communicated effectively. If the use of post
is a reasonable method of acceptance, then it
can be assumed that acceptance was made
when it was posted. In the case of Adam v
Lindsell (1818) on 2 September 1817 the
defendants wrote to the claimant offering to
sell some wood and requiring an answer. The
offer letter was incorrectly addressed so did
not arrive until the 5th the claimant wrote an
acceptance which then arrived on the 9th…read more

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