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Contract law
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L3 ~ AcceptanceWednesday, October 27, 2021 11:31
Acceptance~
- Is an unqualified expression of assent to the terms proposed by the offeror
- Acceptance must be communicated until then no contract no meeting of minds
- Mirror image principle (unqualified)
- The offer may be revoked only prior to, but not after, acceptance is communicated
- Exceptions: postal rule, prescribed mode, via third party
- Offer on its own does not lead to contractual liability - not yet consensus as item on
objective view
Communication of acceptance ~
- Acceptance by conduct
-Carlill v carbolic smoke company Ltd (1893)
Unilateral contract is an exception to communication
- Counter offer is not acceptance
-Hyde v Wrench (1840)
-must be communicated, acceptance should be brought to the attention of the offerer
formed when offerer sees some form of an acceptance
- Entores V miles for east corporation (1955)
- Plaintiff (buyers) in London made offer by telex to sellers (agents) in Holla
- Offer accepted by telex from sellers received on Pl’s machine in London.
- PL wanted to sue def- needed leave to serve out of jurisdiction
- Held CA contract made in LONDON where acceptance received (not Holla
acceptance sent from).
- Ignorance of offer
- Conflicting authority
- Williams v Cawardine (1833)
-the court said that in the situation that someone performs an act that loo
accepted a unilateral offer it doesn’t count.
-In order for the offer to be valid, they cant accept the reward by performa
wasn’t in their brain
- gibbons v proctor (1891)
-High court
-a reward of £25 offered for info leading to an arrest of a criminal
-ad said info must be given to a superintendent
-police officer (gibbons) asked a colleague to forward info to the superinte
wasn’t aware of the reward offer
-before info reached superintendent gibbons found out about reward
-court held that he was still entitled to the reward
-court held that an acceptance can occur despite no communication of the
-Court said that knowledge of the offer is enough, that constitutes an acce
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