contract law topic 2

Law

agreement, offer and acceptance and certainty

Sample Data

Front Acceptance by Conduct
Back Topic Sentence: Acceptance can be inferred from conduct if actions clearly indicate agreement to the offer's terms.Key Case:Brogden v Metropolitan Railway Co (1887):Facts: A draft agreement for coal supply was amended by the supplier and returned to the buyer, who placed it in a file without formal acceptance.Decision: By continuing to order and receive coal, the buyer accepted the amended terms through conduct.
Front Unilateral Contracts and Communication Waivers
Back Topic Sentence: Acceptance in unilateral contracts does not require communication unless explicitly stated.Key Case:Carlill v Carbolic Smoke Ball [1893]: Acceptance occurred upon performance of conditions; notification was impliedly waived.
Front Stipulating Modes of Acceptance
Back Topic Sentence: Offerors may specify mandatory modes of acceptance, but clear language is required.Key Cases:Manchester Diocesan Council v Commercial Investments [1970]: A specified method is permissive unless expressly mandatory.Siemens Hearing Instruments Ltd v Friends Life Ltd [2014]: Use of "must" indicates mandatory compliance.
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