第二讲accetance.pptVIP

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 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. 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 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 buyers order was not an acceptance but a counter-offer. The seller had accepted the buyers counter-offer by signing and returning the tear-off slip. 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 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. 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.