• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Contract Law - Acceptance.

Extracts from this document...


Acceptance Acceptance of an offer means unconditional agreement to all the terms of that offer. Acceptance will often be oral or in writing, but in some cases an offeree may accept an offer by doing something, such as delivering goods in response to an offer to buy. The Courts will only interpret conduct as indicating acceptance if it seems reasonable to infer that the offeree acted with the intention of accepting the offer. CASE: Brogden v Metropolian Rail Co (1877) Remaining silent cannot amount to acceptance, unless it is absolutely clear that acceptance was intended. CASE: Felthouse v Bindley (1862) Re Selectmove Ltd (1995) - The Court of Appeal pointed out that an acceptance by silence could be sufficient if it was the offeree who suggested that their silence would be sufficient. Thus in Felthouse, if the nephew had been the one to say that if his uncle heard nothing more he could treat the offer as accepted, there would have been a contract. Unilateral contracts are usually accepted by conduct. ...read more.


will be seen as acceptance by conduct of the offer in the last form. CASE: British Road Services v Crutchley (Arthur v) Ltd (1968) - The plaintiffs delivered some wiskey to the defendants for storage. The BRS driver handed the defendants employee a delivery note, which listed his company's 'conditions of carriage'. Crutchley's employee stamped the note 'received under our conditions' and handed it back to the driver. The Court held that stamping the delivery note in this way amounted to the counter offer, which BRS accepted by handing over the goods. The contract therefore incorporated Cruthcley's conditions, rather than those of the BRS However, a more recent case shows that the 'last shot' will not always succeed. CASE: Butler Machine Tool Ltd v Ex-Cell-O Corp (1979) Acceptance of unilateral contracts It has generally been assumed that there is no acceptance until the act has been completely performed - e.g. If John says to Steve, that he will give Steve �5 if Steve washes his car, Steve would not be entitled to the money until the job is finished, and Steve could not wash half the car and ask for �2.50. ...read more.


The Court of Appeal held that it was too late to do this. The part-performance by the son and daughter-in-law constituted an acceptance of the contract and the father (his representatives) was bound by the resulting contract unless the son and daughter-in-law ceased to make the payments, in which case the offer was no longer binding. Requests for information A request for information about an offer (such as whether delivery could be earlier than suggested) does not amount to a counter offer, so the original offer remains open. CASE: Stevenson v McLean (1880) - The defendant made an offer on a Saturday to sell iron to the plantiffs at a cash on delivery price of 40 shillings, and stated that the offer would remain available until the following Monday. The plaintiffs replied by asking if they could buy the goods on credit. They received no answer. On Monday afternoon they contacted the defendant to accept the offer, but the iron had already been sold to someone else. When the Plaintiffs sued for breach of contract, it was held that their reply to the offer had been merely a request for information, not a counter offer, so the original offer still stood and there was a binding contract. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

4 star(s)

4 Stars.

Overall, a detailed examination of the key authorities. Reference to acceptance of the offer of a unilateral contract (counter offers, auctions, tenders); certainty of agreement (Scammel v Ousten); and acceptance in the context of machines (Thornton v Shoe Lane Parking) could all be made to achieve better marks.

Marked by teacher Edward Smith 09/07/2013

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    Thus basically, consideration will either be a benefit to the person making the promise or a detriment suffered by the promise, or both. There are generally two types of enforceable consideration, which are executory and executed consideration. Executory consideration is a consideration provided in the future, whilst executed consideration is that of the present.

  2. Critically evaluate what in law will amount to an offer

    He was found to be innocent, as the judge deemed it to be invitation to treat, as if 100 people accepted his 'offer' in the paper he wouldn't have enough and would be sued for breach of contract An inquiry can also be confused with an offer as in the case of Harvey V.

  1. Four ways in which a contract may be discharged.

    Sumpter sued to recover the value of the word done and of the building materials used. Prevention of Performance: If an innocent party is prevented from completing his contractual obligations by the default of the other party, he can either recover damages for breach or seek reasonable remuneration on a quantum meruit basis for the work already done.

  2. Generally, silence of the offeree does not constitute an acceptance of the offer. ...

    There are a number of later cases which creates exceptions to the rule that silence cannot amount to an acceptance. One of these cases is Taylor v Allon where an uncommunicated acceptance might be sufficient to exist providing the defendant's intention to accept.4 In this case, Lord Parker implied that

  1. Entores ltd V. Miles Far East Corperation [1955] 2 QB 327(CA)

    In re Imperial Land Co. of Marseilles3, British and American Telegraph Co v. Colson4,do them In Household Fire Insurance Co. v. Grant5 was held that acceptance was complete when the letter of allotment was posted and it was irrelevant that it never arrived. Lord Herchell L.C in Henthorn v.

  2. Contract Law - offer and acceptance.

    The case of Spencer v. Harding 1870, established the principle that the invitation for submissions of a tender would normally be an invitation to treat and the submission of a tender would be the offer. The case itself concerned a defendant who had distributed leaflets inviting persons to make tenders

  1. Offers last forever unless expressly revoked. Critically evaluate this statement as it relates to ...

    In this case, the defendant decided to buy a car on hire-purchase terms from a finance company. Car was stolen and returned badly damage before the plaintiff signed the written agreement. It was held that the agreement was an offer to make a contract with the plaintiff, which was subject

  2. Evaluate the law of formation of contract in the context of modern methods of ...

    (1955) it suggests that the postal rule does not apply to some methods of instantaneous communication such as telephone and this is supplemented with Brinkibon Ltd v Stahag Stahl GmbH (1982) as it stated: ??it would seem?that the communication should take effect at the time when the (offeree)

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work