法律英语词汇“acceptance”的翻译、意思、用法、释义-法律词典

单词

acceptance

释义

acceptance

acceptance 1. (of a BILL OF EXCHANGE) the acknowledgement by the person on whom the bill is drawn (the drawee) that he will accept the order of the person who drew it (the drawer). An acceptance must be written on the bill and be signed by the drawee. An acceptance is either general or qualified. In the case of a general acceptance, the assent is without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn.

2. (of service) procedure in both England and Scotland by which a solicitor can legally take the proceedings served on his client, avoid- ing the cost involved in having it done otherwise.

3. (of a CONTRACT offer) an acceptance is an unqualified assent to the terms of an offerer (the original person making the offer). If qualifica- tions are made, the so-called acceptance becomes a counter-offer that itself would have to be accepted by the original offer: Hyde v. Wrench (1840) 49 ER 132. Difficulties arise in many cases; see POSTAL ACCEP- TANCE RULE, BATTLE OF THE FORMS. The general rule is that the accep- tance must be communicated to the offerer: Entores v. Miles Far East Corporation [1955] 2 QB 327. Conduct may imply acceptance: Carlill v. Carbolic Smoke Ball Co. [1893] 1 QB 256. It is not possible to stipulate silence as a way of acceptance: Felthouse v. Bindley (1863) 1 New Rep. 401.

accession

4. (of GOODS) in the law of sale, in terms of the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994, the buyer has not accepted goods until he has had his limited right to examine them. This negative formulation is important because, once accept- ed, there can be no rejection. Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them until he has had a reasonable opportunity of examin- ing them for the purpose of ascertaining whether they are in confor- mity with the contract. Such an opportunity must be granted on request. The Act sets down various ways in which acceptance can take place or be deemed to take place. The buyer is deemed to have accepted the goods: (i) when he intimates to the seller that he has accepted them so long as there has been a reasonable opportunity to examine the goods; or (ii) when the goods have been delivered to him and he does any act to relation to them that is inconsistent with the ownership of the seller (but not where the seller repairs or because of a subsale); or (iii) when, after the lapse of a reasonable time (which includes at least the time for a reasonable opportunity to inspect the goods), he retains the goods without intimating to the seller that he is rejecting them. A consumer cannot lose the right to reject by agreement waiver or otherwise.

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