ELEMENTS OF A VALID CONTRACT- ACCEPTANCE
This is the external manifestation of assent by the
offeree. By acceptance an agreement
comes into existence between the parties.
Acceptance takes place at a very subjective moment when the minds of the
parties meet, i.e. Consensus ad idem.
This is the moment at which an agreement comes into existence. However, this subjectivity must be “externalised”. This is what is referred to as acceptance.
This offer and acceptance give rise to consensus, hence
agreement. These two elements constitute
the foundation of every contractual relationship but cannot by themselves
constitute a contract.
a) The offeree must have been aware of, and must have
intended to accept the offer, when he did what is alleged to be the acceptance.
(b) The
offeree's assent must be notified, or made known, to the offeror.
Exception
An uncommunicated
acceptance will be effective if, from the words of the offer, the offeror can
be regarded as having waived the right to be informed of the acceptance:
(c) An offer
made to the general public can be accepted by anybody who fulfils, or performs,
the conditions stated therein
(d) An offer
made to a class of persons can be accepted only by a person of that class.
(e) An offer
made to a particular person can be accepted only by the particular person.
(f) The
acceptance of an offer must be unconditional
An offer terminated
by a counter - offer cannot be revived by a subsequent tender of performance
thereof.
(g) An
acceptance of an offer communicated to the offeror verbally by the offeree is
effective from the moment the offeror hears the offeree's words
(h) If the
offeror and offeree negotiate by telephone the acceptance is complete the moment
the offeror hears the offeree's words of acceptance
(i) If the
offeror and offeree negotiate by telex the acceptance will be effective from
the moment that the telex message is received by the offeror
(j) If the
offeror expressly or impliedly authorised the offeree to transmit his
acceptance by post the acceptance will be effective at the moment the letter of
acceptance is posted.
Implied Authorization to accept by post occurs
if:The offeror posted his offer but did not tell the offeree not to use the
post,
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