Contract 1 acceptance
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Acceptance must: 1) Mirror the offer exactly and be communicated through agreed channels. 2) Be communicated to the offeror by the offeree or authorized person for there to be a valid contract. 3) Not be conditional, delayed, or communicated through silence - it must clearly indicate acceptance.
Contract 1 acceptance
- 1. Acceptance
- 2. CAUTION: • must be a mirror Challenges of •Offer and image to the offer communication acceptance may not • Must be •Delay in post always be visible communicated •Clarification of •Employ the test if through mutually offeree the expectation of a agreed mode or •Revocation reasonable and according to the amidst delay in honest man (Percy postal rule post Trentham Ltd) • Agreement must be certain • Can be through Conduct (Smith v Hughes)
- 3. Counter Offer ( Gibson V Manchester) Acceptance is not Conditional Offer
- 4. Must be communicated to Must be communicated by the offeree the offeror (Entores or an authorised person (Powell v Lee – P applied for a job as a headmaster vs Miles Far East and an unauthorised person told him he had the job..he sued and action fail Corporation, 3 as there was no contract because there important principles was no authorised communication of that intention) were formed Silence does not amount to acceptance (Felthouse v Bindley where the nephew and an uncle Conduct represent acceptance was negotiating the sale of horse, (Carlill v Carbolic smokeball the uncle determined that the company) silence of the nephew was acceptance and the horse was sold on an auction block) Cross offers does not make a binding contract (Tinn v Hoffman – A and B writes each other to sell the same property which crossed in the post...could not amount to binding contract)