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Definition: S 2(b) where the offeree signifies his assent to the offer.

CONDITIONS OF ACCEPTANCE

S7 Absolute & qualified CASE: HYDE V WRENCH


(counter offer)

Express in some usual or reasonable manner

HOW ACCEPTANCE CAN BE MADE???

Oral or In writing

By words or conduct
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CAN SILENCE AMOUNT TO ACCEPTANCE?

PLAINTIFF

PLAINTIFFS NEPHEW

DEFENDANT/ AUCTIONEER
Accidentally sold the horse, despite having been instructed not to do so by nephew who
intended to sell to his 7 uncle

If I dont receive any response from you, I would assume the horse to be mine

Did not reply, did not receive any money, keeping the horse in his possession.

Contract had not been completed no acceptance had been communicated. SILENCE of the nephew DOES NOT INDICATE ACCEPTANCE Ptf could not claim the horse

WHERE SILENCE CAN BE CONSIDERED AS ACCEPTANCE???


Silence after accepting subscribed magazine after period of subscription acceptance: WEATHER V BANHAM [1832]

Acts upon the terms of the proposal: CARLILL V CARBOLIC SMOKE BALL
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COMMUNICATION OF ACCEPTANCE

GEN. RULE: S4(1) Communication of acceptance is effective only when it is communicated.

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ENTORES V MILES FAR EAST

MADE AN OFFER

PLAINTIFF

DEFENDANT AMSTERDAM

ACCEPTED THROUGH TELEX

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ISSUE: WHERE THE CONTRACT IS CONCLUDED?

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ACCEPTANCE THROUGH POST

COMMUNICATION OF ACCEPTANCE IS COMPLETE -

S4(2)(a) VS OFFEROR: IT IS TRANSMITTED TO HIM

S4(2)(b) VS OFFEREE: WHEN OFFEROR KNOW IT


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LORD DENNING

WHEN A CONTRACT IS MADE BY POST, IT IS CLEAR THROUGHOUT THE COMMON LAW COUNTRIES THAT ACCEPTANCE IS COMPLETE AS SOON AS THE LETTER IS PUT INTO THE POST BOX, AND THAT THE PLACE WHERE THE CONTRACT IS MADE
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LINDLEY J

WHEN AN OFFER IS MADE & ACCEPTED BY LETTER THROUGH POST, CONTRACT WAS COMPLETELY CONCLUDED ONCE THE LETRTER OF ACCEPTANCE HAD BEEN POSTED, EVEN THOUGH THE LETTER DID NOT REACH ITS DESTINATION
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Defendant

I want to sell my land.offer opened till August


I accept
plaintiff Posted a telegram on the same day& sent a letter on 16 August

Received on 25 August

When is the acceptance complete???


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REVOCATION OF ACCEPTANCE

Acceptance can be revoked (*)BEFORE THE ACCEPTANCE HAS BEEN COMMUNICATED TO THE OFFEROR, but not afterwards
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(*) S4(2)(b): Communication of acceptance is complete against offeree when it comes to the knowledge of the offeror.

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i.e: offeree can revoke his acceptance before his letter of acceptance reached the offeror. (read by offeror)

S5(2) Acceptance can be revoked by the acceptor before the acceptance comes to the offerors knowledge
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COMMUNICATION OF REVOCATION

S 4(3): Communication of revocation is complete:


(b) Against the person to whom (a) Against the person who revoke it revocation is made it comes to his It is transmitted to the other knowledge person& he cannot retrieve it
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s.5(2): THE ACCEPTANCE CAN ONLY BE REVOLED BEFORE THE ACCEPTNACE HAS BEEN COMMUNICATED TO THE OFFEROR IN THE MANNER WHICH BINDS THE OFFEROR

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Defendant

Plaintiff

1st Oct Posted a letter of offer to ptf 8 Oct 11 Oct: Ptf received Posted a revocation defs letter of offer of offer - Post acceptance through telegram on the same day - 20 Oct: ptf received letter of revocation
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ISSUE: WHEN NOTICE OF REVOCATION AFFECTIVE AGAINST PTF?

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