1. Define "acceptance" of an offer.
acceptance – meaning of communication, agreeing to an offer,
expression of assent to an offer in terms of an offer
Must the acceptance be in writing?
acceptance can be either verbal or written
Can it be by conduct?
acceptance can be accepted via conduct
If so, what sort of conduct is necessary to accept an offer? See Brogden v
Metropolitan Rly [railway] Co.
brogden v metropolitan rly co = contract created when coal
ordered and paid by M and supplied by B
2. Must acceptance be communicated to the offeror?
acceptance must be communicated to offeror
In what circumstances does it not need to be communicated?
unilateral
postal acceptance rule
Why does it not need to be communicated in these circumstances?
unilateral, party does not care about whether person has
accepted or not, offeror has waived requirement of
communication
postal acceptance rule – acceptance starts when the letter has
been sent, not when delivered
In these circumstances, when does the acceptance become effective?
once offeree has purchased/used the item
3. What will happen if the offeror revokes the offer before it is accepted?
offer cannot be accepted once revoked, some cases cannot
revoke offer if act of acceptance begun
What if the offeror does not know the offer has been accepted and
purports to revoke it?
revocation isn’t good and there is a binding contract
4. What happens where the offeror prescribes a certain mode of
acceptance and the offeree accepts using another mode?
unless offeror specifically states prescribed method, then
contract is still valid
Halowell securities v Hughes case
acceptance – meaning of communication, agreeing to an offer,
expression of assent to an offer in terms of an offer
Must the acceptance be in writing?
acceptance can be either verbal or written
Can it be by conduct?
acceptance can be accepted via conduct
If so, what sort of conduct is necessary to accept an offer? See Brogden v
Metropolitan Rly [railway] Co.
brogden v metropolitan rly co = contract created when coal
ordered and paid by M and supplied by B
2. Must acceptance be communicated to the offeror?
acceptance must be communicated to offeror
In what circumstances does it not need to be communicated?
unilateral
postal acceptance rule
Why does it not need to be communicated in these circumstances?
unilateral, party does not care about whether person has
accepted or not, offeror has waived requirement of
communication
postal acceptance rule – acceptance starts when the letter has
been sent, not when delivered
In these circumstances, when does the acceptance become effective?
once offeree has purchased/used the item
3. What will happen if the offeror revokes the offer before it is accepted?
offer cannot be accepted once revoked, some cases cannot
revoke offer if act of acceptance begun
What if the offeror does not know the offer has been accepted and
purports to revoke it?
revocation isn’t good and there is a binding contract
4. What happens where the offeror prescribes a certain mode of
acceptance and the offeree accepts using another mode?
unless offeror specifically states prescribed method, then
contract is still valid
Halowell securities v Hughes case
