ACCEPTANCE

1. ACCEPTANCE Manifestation of assent by the offeree by words or conduct (to the terms of the offer) – Waddams Signification of assent to the offer – Fridman Final and unqualified expression of assent to the terms of offer – Treitel Expression by words or conduct, of assent to the terms of the offer in the manner prescribed or indicated by the offeror - Anson’s Law on Contracts Indication of willingness to contract to exact terms put by the offeror- Atiyah

2. Communication of Acceptance General rules: 1. An acceptance must be communicated to the offeror 2. The offeror determines (expressly or impliedly) the method of communication of the acceptance by the terms of the offer (oral, written, by conduct) 3. Silence does not amount to acceptance (unless there are some very exceptional circumstances: previous dealing between the parties, or parties in advance agreed that silence is sufficient) 4. If the offer does not contain reference to the method of acceptance, then the courts look at a number of variables to determine what may constitute a valid form of communication of an acceptance Specific rules: 1. What amounts to communication? 2. Is it necessary that communication reach the offeror?

3. Content of Acceptance General Rules: Must correspond precisely to the terms of the offer Must be unqualified, without attempts to vary the terms of the offer Must be unequivocal, leaving no room for doubt as to the fact of acceptance Problems: Counter-offer: A response by the offeree that does not unconditionally accept the terms of the offer, but proposes to add or to modify the terms of the offer Battle of forms: Where conflicting communications are exchanged between the parties and each is a counter-offer