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Acceptance is one of the basic elements of a contract. Acceptance of an offer gives rise
to an agreement between the parties. Question is whether acceptance must be communicated to the offer or in all cases. The answer to this question is generally yes as:
- Acceptance must be communicated in the prescribed method, if any or in an equally
expeditious method.
- If no method is prescribed, the method applicable depends on the type of offer and the
circumstances in which it is made.
- As a general rule silence does not amount to acceptance. It was so held in Felthouse
V.Bindley.
- Where parties negotiate by word of mouth in each other presence, acceptance is deemed complete when the offeror hears the words of acceptance, it was so held in Entores Ltd.V. Miles Far East Corporation Ltd.
- Where parties negotiate by telephone, acceptance is deemed complete when the offer or
hears the words of acceptance it was so held in Entores Ltd V. Miles Far East Corporation.
- Where parties negotiate by telex acceptance is deemed complete when the offerees
message of acceptance is received by the offeror. It was so held in Entores Ltd V.MilesFar East Corporation
- Where the offer or expressly authorizes the offeree to communicate acceptance by post,
acceptance is deemed complete when the letter is posted whether it reaches its
destination or not. As was the case in Adams V. Lindsell.
- Where the offeror impliedly authorized the offeree to communicate acceptance by post,
acceptance is deemed complete when the letter is posted whether it reaches its destination or not. As was the case in Byrne V. Van Tienhoven.
- Where the offeror does not expressly or impliedly authorizes the offered to communicate acceptance by post, but he does so, acceptance is deemed complete when it is received by the offeror.
- However, acceptance need not be communicated in all cases for an agreement to arise, for example:
1. Where acceptance is by conduct as was the case in Carlill V. Carbolic SmokeBall Co. Ltd there is no communication.
2. Where communication of acceptance is expressly.
raphael answered the question on April 16, 2018 at 19:03
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