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    Chapter 2 Acceptance

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    Celinne Teh
    This chapter discusses the rules around acceptance of offers in contract law. It covers the mirror image rule, counteroffers, requests for information, and battles of forms. It also discusses the general rule that acceptance is not effective until communicated to the offeror, with exceptions for acceptance by conduct or unilateral contracts. Finally, it examines the postal acceptance rule, instantaneous communications rule, retraction of acceptance before it reaches the offeror, and modes of acceptance like post, electronic communications, and silence in some cases.

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    Chapter 2 Acceptance

    Uploaded by

    Celinne Teh
    50 views3 pages
    This chapter discusses the rules around acceptance of offers in contract law. It covers the mirror image rule, counteroffers, requests for information, and battles of forms. It also discusses the general rule that acceptance is not effective until communicated to the offeror, with exceptions for acceptance by conduct or unilateral contracts. Finally, it examines the postal acceptance rule, instantaneous communications rule, retraction of acceptance before it reaches the offeror, and modes of acceptance like post, electronic communications, and silence in some cases.

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    This chapter discusses the rules around acceptance of offers in contract law. It covers the mirror image rule, counteroffers, requests for information, and battles of forms. It also discusses the general rule that acceptance is not effective until communicated to the offeror, with exceptions for acceptance by conduct or unilateral contracts. Finally, it examines the postal acceptance rule, instantaneous communications rule, retraction of acceptance before it reaches the offeror, and modes of acceptance like post, electronic communications, and silence in some cases.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as doc, pdf, or txt
    50 views3 pages

    Chapter 2 Acceptance

    Uploaded by

    Celinne Teh
    This chapter discusses the rules around acceptance of offers in contract law. It covers the mirror image rule, counteroffers, requests for information, and battles of forms. It also discusses the general rule that acceptance is not effective until communicated to the offeror, with exceptions for acceptance by conduct or unilateral contracts. Finally, it examines the postal acceptance rule, instantaneous communications rule, retraction of acceptance before it reaches the offeror, and modes of acceptance like post, electronic communications, and silence in some cases.

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    of 3

    CHAPTER 2: ACCEPTANCE

    1. The Mirror Image Rule

    2. Counter offers

    3. Mere request for information

    4. Battle of forms

    5. Communication of The Acceptance


    General rule Acceptance is not effective unless communicated to the
    offeror.
    Acceptance by conduct

    Unilateral contracts

    Silence or inactivity

    Waiver of communication

    6. Modes of Acceptance
    Postal Acceptance Rule
    The problems of the Postal Acceptance Rule
    The failure to use a prescribed method

    The Instantaneous Communications Rule


    Other modes of acceptances

    7. Retraction of acceptance
    An acceptance can be retracted at anytime, before it reaches the
    offeror.
    The problem with acceptances through post:

    CASE LIST
    Hyde v Wrench [1840] 3 Beav 334; 49 ER 132
    Pars Technology Ltd v City Link Transport Holding [1999]
    Stevenson, Jacques v McLean (1880) 5 QBD 346
    Butler Machine Tool v Ex-cell-O [1979] 1 All ER 965
    Brogden v Metropolitan Railway (1877) 2 App Cas 666
    Confetti Records v Warner Music UK Ltd (t/a East West Records) [2003]
    EWHC 1274
    Day Morris Associates v Voyce [2003] EWCA Civ 189
    Carlill v Carbolic Smoke Ball [1893] 1 QB 256
    Felthouse v Bindley (1862) 11 CB NS 869
    Re Selectmove Ltd [1995] 1 WLR 474
    Adams v Lindsell [1818] 1 b & Ald 681; 106 ER 250
    Household Fire & Carriage Accident Insurance Co Ltd v Grant (1879) 4
    ExD 216
    Henthorn v Fraser [1892] 2 Ch 27
    Holwell Securities Ltd v Hughes [1974] 1 WLR 155
    Manchester Diocesan Council of Edu. v Commercial & General
    Investments Ltd [1970] 1 WLR 241
    Entores v Miles Far East Corp (1955) 2 QB 327; [1955] 2 All ER 493
    The Brimnes [1975] QB 929
    Brinkibon v Stahag Stahl [1983] 2 AC 34; [1982] 1 All ER 293
    Mondial S&C BV v Astarte Shipping Ltd [1995] CLC 1011
    Preety Pictures v Quixote Films Ltd [2003] ECHW 311
    Dunmore v Alexander (1830: Scotland) 9 Sh (Ct of Sess) 190
    A to Z Bazaar (Pty) Ltd. v Minister of Agriculture [1974] (4) SA 392
    Wenckheim v Arndt (1873: New Zealand) 1 JR 73

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