1) Method of Offer and Acceptance: 2) What Has A Contract Act Says About Acceptance

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1) Method of offer and acceptance

(how to communicate offer and acceptance )

Offer must be communicated

Unless the offer is brought to the notice of the offeree, there cannot be acceptance of the
offer.

It is possible for an offer to be made to the world at large- Carlill illustrates this

Communication of Acceptance

a) Acceptance must be manifest

- Either indicated by words or conduct or a combination of both.

b) Offeror stipulation that silence will amount to acceptance

- Cannot impose terms that silence will amount to acceptance

c) Offeror prescribing manner of acceptance

-“Usual and reasonable” would be a question of fact depending on the circumstances of the
case

d) Offeror waiving Right to communication of acceptance

Acceptance must be communicated. HOWEVER, Acceptance may be by the conduct of the


offerree

e) Acceptance must be communicated by offeror

An unauthorized third party’s purported acceptance cannot make a valid contract

2) What has a contract act says about acceptance

a) Section 2(b) of the Contracts Act 1950


When the person to whom the proposal is made signifies his assent there to, the
proposal is said to have been accepted. A proposal when accepted becomes a
promise.
b) Section 2(c) lays out what it means to be a promise.
c) Section 9 states that if the acceptance is made in words, it is expressed. If it made
other then in words, it is implied.
3) When do have a presumption?

In a case of commercial transactions there is a presumption that parties ITCLR.

4) What amount to consideration


Mutual Promises is an exchange of promises between the parties amount to good
consideration.

5) What is a contract act say


???!
6) What is adequate

- some value in the eyes of the law, the quantum or relative value is of no concern.
- Refers to a price which is equal in value for an act or a thing for which it is given.

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