Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's...

Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's wife. Explain whether there is a valid contract between Arnold and Ben in the following situations:
(i) Ben does not telephone Cecilia but writes to Arnold accepting his offer.
(ii) Ben sends a telex to Arnold accepting the offer.

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(i)This problem is based on communication of acceptance.
- As a general rule, the mode of effecting acceptance is immaterial so long as the offeror receives the same.
- In this case it appears that there is a contract between Arnold and Ben as Ben writes to Arnold accepting the offer, provided the letter was actually received by Arnold.
(ii) In the second instance, there is a contract between Ben and Arnold as Ben communicated acceptance by telex and to the extent that Arnold received the same, there is a valid contract between the two.

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raphael answered the question on April 16, 2018 at 19:06

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