Acceptance

Question 1

How to accept an offer

Answer 1

To constitute an acceptance of an offer, the offeree’s words or conduct must, expressly or by implication, indicate assent to all of the terms of the offer and correspond precisely with the offer

Question 2

How to check if theres been an acceptance?

Answer 2

• Sometimes courts apply objective approach to determine whether theres been acceptance of offer
• offeree will objectively accept offer if they behave in way that reasonable person would believe they were assenting to terms of offer EVEN if no real consensus between parties

Question 3

Acceptance in bilateral vs unilateral contracts

Answer 3

• bilateral—> acceptance usually clear as offeree deliberately accepts offer
• unilateral—> acceptance less clear so courts apply subjective approach to determine

Question 4

Problems with acceptance in unilateral contracts

Answer 4

—> issue arisen to be considered is whether an offeree accepts offer if they perform act requested by offeror w/o intending to accept offer e.g. returning lost dog to owner and then finding out owner offered a reward
- unilateral contract ONLY formed if offeree performs the acts in reliance or in response to the offer as parties not ad idem

Question 5

Battle of the forms

Answer 5

• during negotiations parties agree on principle terms of agreement BUT exchange diff inconsistent standard form contract and do not decide which form shall prevail
• to determine which form prevails english ct generally have considered the last form to be sent as CO which prevails if offeree of CO can be taken to have accepted its terms

Question 6

Who can accept an offer?

Answer 6

Who can accept offer—> If an offeror specifically directs an offer at a particular, named offeree, and that person alone, only that person can accept the offer