Rules of offer and acceptance

rules of acceptance

There may be circumstances where the postal acceptance rule can be applied such as where the facsimile machine is operated by third parties; this will be likened to third party agent. A classic instance of this is the case of Carlill v.

Courts often refer to the correspondence between the parties while deciding whether an acceptance has occurred. If the offer itself declares only one type of acceptance is valid, than that type of acceptance must be used or there is no acceptance.

There has been no case law on the acceptance of an offer through email, but to ascertain if 'postal rule' can govern communication by e-mail, we need to examine the process of delivering viz a viz that of postage.

The offer cannot be accepted if the offeree knows of the death of the offeror. An invitation to treat generally indicates a willingness to negotiate a contract. The plaintiff who was Mrs Carlill bought the smoke ball and used it according to the instructions but she contracted influenza.

Ans: The statement is false. The general rule is that a contract is formed once the acceptance is communicated. Contract formation in English law generally does not require the use of any particular communication method for making an offer or indicating an acceptance.

Under this meeting of the minds theory of contract, a party could resist a claim of breach by proving that he had not be intended to be bound by the agreement, only if it appeared subjectively that he had so intended. This rule applies to contract acceptance only.

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Contract agreement