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“For an agreement to be legally binding offer and acceptance must be communicated”. State and briefly explain the exceptions to this rule

“For an agreement to be legally binding offer and acceptance must be
communicated”. State and briefly explain the exceptions to this rule

Answers

Maurice
Acceptance is the external manifestation of assent by the offeree. By accepting an offer the
offeree creates an agreement between the parties.

As a general rule acceptance must be communicated to the offeror. Silence does not as a
general rule amount to acceptance. It was so held in Felthouse V. Bindley.

However, in certain circumstances acceptance need not be communicated for an agreement
to arise between the parties. For example if the offeror expressly or impliedly waives the
communication. As was the case in Carlill V. Carbolic Smoke Ball Co. (1893). Where Mrs.
Carlill was not bound to communicate the purchase and consumption of the smoke balls.

Secondly, where acceptance is by conduct. As was the case in Carlill V. Carbolic Smoke
BallCo. Ltd.
An offer need not be communicated if it is by conduct e.g public transport
maurice.mutuku answered the question on May 2, 2018 at 07:51

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