Acceptance - element of contract, Business Law and Ethics

Acceptance - Element of Contract

However this is the external manifestation about assent through the offeree.  Regarding to acceptance an agreement comes with existence between the parties. Further acceptance takes place on a very subjective moment whether the minds about the parties meet like i.e. as Consensus ad idem. Whether this is the moment at whereas an agreement comes with existence. Conversely this subjectivity must be like "externalised". Hence this is referred for as acceptance.

Moreover this offer and acceptance award rise to consensus, consequently agreement. Thus these two elements constitute such the foundation about every contractual relationship although cannot through themselves constitute a contract.

  • However the offeree must have been aware about and must have intended for accept the offer whether as he did what is such alleged to be the acceptance: as The Crown v. Clarke (Australian case and a persuasive precedent in the US).  The Clarke had made his statement to the police in such order to save himself from the unfounded charge of that murder.  Hence he had not prepared the statement in instruct to accept the offer such he had forgotten about at the material time.  Hence it is statement was not consequently an acceptance for the offer to pay the reward.
  • Next is the offeree's assent must be notify, to the offeror or made known as Household Fire Insurance C. Ltd. V. Grant.

Illustrating such the case of Felthouse v. Bindely whereas it was held in such the nephew's information to auctioneer which the horse had been sold could not comprise an acceptance of the plaintiff's offer for the reason that he as the plaintiff had not been told anything through the nephew.

Exception

However an uncommunicated receiving will be effective whether from the words of the offer that the offeror can be regarded as having waived such the right to be informed of the acceptance: as  Carlill v. Carbolic Smoke Ball Co. Whereas as Mrs. Carlill was with as having accepted the defendant company's offer but she had not told them since she would buy and required the carbolic smoke balls.

Posted Date: 1/22/2013 1:55:14 AM | Location : United States







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