Acceptance: Communication

[Flash Card 1 of 1]

• general rule: acceptance must be communicated (Entores v Miles Far East Corp. [1955])
• exception: unilateral contract to public / worded to waive communication (Carlill v Carbolic Smoke Ball Co. [1893])

Method

• offeror may stipulate / offeree must comply or use equally effective method
• by return of post / equally expeditious / eg telegram or verbal (Tinn v Hoffman & Co. (1873))
• equally effective / not suffice / if offeror made clear particular method required
• specific: by registered or recorded delivery post (Yates Building Co. v RJ Pulleyn & Son (1975))

Third party

• only authorised / head teacher (Powell v Lee (1908))

Silence

• general rule: silence & mere inactivity not constitute acceptance / onus on offeree communicate accept not reject
• horse / criticised: nephew willing / not overruled (Felthouse v Bindley [1862])
• Gibson LJ obiter: exceptional circumstance / offeree taken as accepted (Re Selectmove [1995])

bits of law