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Acceptance And Certainty Notes

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This is an extract of our Acceptance And Certainty document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ACCEPTANCE

AND

CERTAINTY

*

*

*

*

*

*

*

Final

and

unqualified

assent


Only

can

be

accepted

by

the

person

or

persons

to

whom

the

offer

has


been

made


o unless

circumstances

say

otherwise


o unilateral

contract


SS? first

person

to

respond


All

that

can

be

accepted

is

what

was

offered


o terms

can't

be

modified


Acceptance

must

be

in

response

to

and

as

a

result

of

the

offer


o Crown

v

Clarke


SS? can

only

claim

the

'reward'

if

you

are

accepting

the

offer


SS? must

know

about

it/

be

a

response

to

an

offer


Counter

offer

is

NOT

acceptance


o Hyde

v

Wrench


Standard

forms


o "battle

of

the

forms"


SS? Butler

Machine

Tool

Co

Ltd

v

Ex--Cell--O--Corp

(England)

Ltd


SS? terms

of

the

buyer

different

to

the

terms

of

the

seller

* accepted

as

a

counter

offer

not

original

terms


To

be

valid,

the

offeree

must

not

only

agree

with

the

terms

proposed

by


the

offeror

but

acceptance

must

be

unqualified


o sometimes

it

is

conditional


SS? "Terms

and

Conditions"

Conditional

Acceptance:

* Is

there

finality?


o "subject

to

contract"


SS? Master

v

Cameron


SS? High

Court

of

Australia

--

3

possibilities

1. reached

final

agreement


a. terms

set

out

more

precisely

2. reached

final

agreement


a. defer

performance

3. reached

final

agreement


a. second

formal

contract

is

required

--

CONDITIONAL


o "subject

to

finance"


SS? purchaser

must

take

all

steps

reasonably

necessary

to

get


financial

approval


SS? finance

satisfactory

is

a

decision

made

by

the

seller

PAGE

50

ACCEPTANCE

MUST

BE

COMMUNICATED!

* Acceptance

is

only

effective

when

communication

has

been

received


o offeror

can

stipulate

the

way

acceptance

should

be

communicated

* "only

method"


o acceptance

must

be

made

in

this

way

* "specify

a

method

but

don't

say

it's

the

only

method"


o acceptance

is

accepted

if

it

is

advantageous

to

the

offeror

* "no

method"


o acceptance

in

the

same

form

as

the

offer

was

given

* "acceptance

by

conduct"


o infer

acceptance

from

conduct


SS? Empirnall

Holding

v

Machon

Paul

Partners

* "acceptance

by

silence"


o OFFEROR

CANNOT

STIPULATE

THAT

CONTRACT

IS

ACCEPTED


BY

SILENCE


SS? Felthouse

v

Bindley


SS? Australian

Consumer

Law


s40

-

Assertion

of

right

to

payment

for

unsolicited

goods

or


services


1)

A

person

must

not,

in

trade

or

commerce,

assert

a

right


to

payment

from

another

person

for

unsolicited

goods


unless

the

person

has

reasonable

cause

to

believe

that

there


is

a

right

to

the

payment.


S41

--

Liability

etc.

of

recipient

for

unsolicited

goods,


1)

If

a

person,

in

trade

or

commerce,

supplies

unsolicited


goods

to

another

person,

the

other

person

:


(a)

is

not

liable

to

make

any

payment

for

the

goods;

and


(b)

is

not

liable

for

loss

of

or

damage

to

the

goods,

other


than

loss

or

damage

resulting

from

the

other

person

doing


a

wilful

and

unlawful

act

in

relation

to

the

goods

during

the


recovery

period.


Postal

Rule

* acceptance

arises

as

soon

as

the

letter

is

properly

posted

NOT

when

it

is


received


o Adams

v

Lindsell

* parties

must

have

contemplated

post

would

be

means

of

communication


o Henthorn

v

Fraser

* EXCEPTIONS


o offeror

stipulated

actual

receipt

of

acceptance

letter


SS? Bressan

v

Squires


o circumstances

of

case

--

where

negotiations

are

complex

and

highly


contentious


SS? Tallerman

v

Nathan's

Merchandise

PAGE

51

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