formation - acceptance
- 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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