第二讲acceptance

Butler Machine Tool Co. Ltd v. Ex-Cell-O Corporation (England) Ltd [1979]
Was the price variation clause a term of the contract? It was held that this clause was not a term. The buyer's order was not an acceptance but a counter-offer. The seller had accepted the buyer's counter-offer by signing and returning the tear-off slip.
EXCEPTIONS TO THE COMMUNICATION RULE
: Waiver
of communication
In unilateral contracts the normal rule for communication of acceptance to the offeror does not apply. Carrying out the stipulated task is enough to constitute acceptance of the offer. The offeror may expressly or impliedly waive the need for communication of acceptance by the offeree, eg, where goods are dispatched in response to an offer to buy.
Silence As Acceptance
Felthouse v. Bindley (1862) The vital question was whether the claimant was the owner of the horse at the date of the auction sale. It is clear that there was no complete bargain on January 2: it is also clear that the uncle had no right to impose upon the nephew a sale of his horse for £30.15s. unless he chose to comply with the condition of writing to repudiate the offer.
ACCEPTANCE
See: Brogden v. Metropolitan Railway Co. (1877 )
The acceptance can be expressed verbally or in writing. It can even be implied by conduct.
THE DISTINCTION BETWEEN ACCEPTANCE AND A COUNTER OFFER
Method of communication prescribed by the offeror
In Tinn v. Hoffman (1873) What if the offeror informs the offeree that he expects a reply by return of post? Does this mean that the offeree cannot reply by telephone, fax or email? if the offeror has insisted on a particular method only been followed, does this mean that the offeree can only reply by the specific method ?
ACEPTANCE
ACEPTANCE: Your Objectives
The definition of acceptance; The distinction between an acceptance and a counter offer; The communication of the offer； The rules as to communication of acceptance; The rules as to revocation of an acceptance
Method of communication : 2.Telephone communications
Court of Appeal, Denning L.J. said :Suppose, for instance, that I make an offer to a man by telephone and, in the middle of his reply, the line goes "dead" so that I do not hear his words of acceptance. There is no contract at that moment...The contract is only complete when I have his answer accepting the offer.
COMMUNICATION OF ACCEPTANCE
The general rule is that an acceptance must be communicated to the offeror. Until and unless the acceptance is so communicated, no contract comes into existence. The acceptance must be communicated by the offeree or someone authorised by the offeree. If someone accepts on behalf of the offeree, without authorisation, this will not be a valid acceptance
Silence As Acceptance-General Rule
Acceptance of an offer will not be implied from the offeror. The offeror cannot impose a contractual obligation upon the offeree by stating that ,unless the offeree expressly rejects the offer he will be held to have accepted it.
Silence As Acceptance
It is clear, therefore, that the nephew in his own mind intended his uncle to have the horse at the price which he (the uncle) had named, £30.15s: but he had not communicated such his intention to his uncle, or done anything to bind himself." So the claimant had not become the owner of the horse at the date of the auction sale and lost his action for Conversion.
The distinction between a counter-offer and a mere request for information
Stevenson v. McLean (1880)
There is nothing specific by way of offer or rejection, but a mere inquiry, which should have been answered and not treated as a rejection of the offer. a mere request for information does not affect the offer, which remains open for acceptance.
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Method of communication prescribed
where the offeror wanted the offeree to reply by return of post, That does not mean exclusively a reply by letter or return of post, but you may reply by telegram or by verbal message or by any other means not later than a letter written by return of post. So an equally expeditious method would suffice. But if the offeror has insisted on a particular method only been followed, then the method insisted upon by the offeror must be followed.
Method of communication :1.Contracts inter
praesentes
Considering the case where two people make a contract by word of mouth in the presence of one another. for instance, I shout an offer to a man across a river or a courtyard but I do not hear his reply because it is drowned by an aircraft flying overhead. There is no contract at that moment. If he wishes to make a contract, he must wait till the aircraft is gone and then shout back his acceptance so that I can hear what he says. Not until I have his answer am I bound.
Method of communication : 3.Telex communications
DEFINITION OF AN ACCEPTANCE
An acceptance is a final and unqualified agreement( an unconditional assent) of the terms of an offer. Mirror image rule: To make a binding contract the acceptance must exactly match the offer. The offeree must accept all the terms of the offer.