formation - acceptance

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  • Created by: TashaChlo
  • Created on: 05-12-14 20:00

Acceptance

Acceptance is the second step in the formation process

The acceptance must be unconditional

– it must be an agreement to all the terms of the offer, if the offeree tries to vary the terms then the offer is terminated and there cannot be a valid acceptance

Hyde v Wrench Wrench offered his farm to Hyde for £1000. Hyde agreed to buy the farm, but for £900 which wrench refused. Hyde then said he would pay the original offer of £1000. Wrench was entitled to refuse this suggestion as Hyde had terminated the original offer when he made his counter offer of £900

Method of acceptance

a specified method must be complied with

Yates v Pulleyn

when buying land, D wanted letter of acceptance by registered delivery post – C sent it by ordinary post so D refused to accept as valid acceptance. Held: method of acceptance was valid and didn’t accept the offer

Communication of acceptance

Acceptance muse be communicated to the offeror, may be:

Express (spoken/written) or implied by conduct (if unilateral contract) – Carlill – acceptance was…

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