ACCEPTANCE

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ACCEPTANCE
Manifestation of assent by the offeree by words
or conduct (to the terms of the offer)
Waddams Signification of assent to the offer
Fridman Final and unqualified expression of
assent to the terms of offer Treitel Expression
by words or conduct, of assent to the terms of
the offer in the manner prescribed or indicated
by the offeror - Ansons Law on
Contracts Indication of willingness to contract
to exact terms put by the offeror - Atiyah
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Communication of Acceptance General rules 1.
An acceptance must be communicated to the offeror
2. The offeror determines (expressly or
impliedly) the method of communication of
the acceptance by the terms of the offer (oral,
written, by conduct) 3. Silence does not
amount to acceptance (unless there are some very
exceptional circumstances previous dealing
between the parties, or parties in advance
agreed that silence is sufficient) 4. If the
offer does not contain reference to the method of
acceptance, then the courts look at a number
of variables to determine what may constitute a
valid form of communication of an
acceptance Specific rules 1. What amounts to
communication? 2. Is it necessary that
communication reach the offeror?
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Content of Acceptance General Rules Must
correspond precisely to the terms of the
offer Must be unqualified, without attempts to
vary the terms of the offer Must be unequivocal,
leaving no room for doubt as to the fact of
acceptance Problems Counter-offer A
response by the offeree that does not
unconditionally accept the terms of the offer,
but proposes to add or to modify the terms of the
offer Battle of forms Where conflicting
communications are exchanged between the parties
and each is a counter-offer