What is acceptance?

• An acceptance is “a final and unqualified expressions of assent to the terms of an offer.” Chitty on Contracts
• Mackendrick – while Chitty’s definition is straightforward, a number of questions must be asked:
• Should an acceptance coincide exactly with the terms of the offer?
• Should acceptance be communicated to the offeror in all cases? Remember the rule in Carlill.
• Should an acceptance be performed in the manner stipulated by the offer? If not, does it constitute a valid acceptance?
• Can silence constitute acceptance?
• Postal rules.
• When does acceptance take place in a unilateral contract?
• Can a party who is unaware of the offer at the time he performed the acceptance be entitled to a claim?
• Courts look for specific acts/words/conduct that signify offer and acceptance to determine contractual liability. Acceptance must be in
relation to an offer.
• An offer that is valid can transform into a contract only if there is a valid acceptance by the offeree. It used to be a rule that offers are
made to specific persons – specific offers. In some cases, it is possible to make an offer to the world. In the case of specific offers, the
person to whom the offer is addressed must communicate acceptance. In the case of general offers (like in Carlill), the acceptance may
be performed by anyone who is willing – in such cases the contract will come into existence between the offeror and the specific
person accepting (Mrs Carlill and the company).
• Section 2 (b) “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be
accepted. A proposal, when accepted, becomes a promise;”