Acceptance

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Last updated: May 6, 2025
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First submittedMay 4, 2025
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Hint
Answer
1. Acceptance
x
Acceptance is an expression by words or conduct, of ______ to all terms of the offer
assent/agreement
Acceptance must be clear and unequivocal. Any acceptance which introduces new terms or conditions is not valid acceptance, but a counter-offer.
Society of Lloyds v Twinn
Silence cannot constitute acceptance
Felthouse v Bindley
In cases of unilateral offer, offeror is bound by an offer when performance by offeree is completed
Carlill v Carbolic Smoke Ball
.
x
2. Communication of Acceptance
x
a) The Postal Rule
x
For post, acceptance occurs when the letter is placed in the post box
Adams v Lindsell
Hint
Answer
The postal rule does not apply if the offer expressly requires notice of acceptance
Holwell Securities v Hughes
The postal rule applies even if the letter of acceptance never arrives
HFI v Grant
.
x
b) Instantaneous Means of Communcation
x
With regards to instantaneous means of communication such as email, acceptance occurs when the offeror receives and acknowledges it
Entores v MFEC
.
x
c) Means of Acceptance
x
If an offeror specifies a particular method of acceptance but does not explicitly state that only that method will suffice, an acceptance communicated by an alternative method that is no less advantageous to the offeror is still valid
Tinn v Hoffman
If no method is specified, acceptance can be communicated through any ________ means that effectively conveys the offeree’s assent to the terms of the offer
reasonable
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