Acceptance
Acceptance is the third element in relation to contract law. An acceptance occurs when the party to whom the offer is made (known as the oferee) agrees to the proposal of the person making the offer (known as the offerer).
Rules of acceptance:
- Acceptance must be actually communicated unless the offer requires an act to be done which does not have to be communicated to the person making the offer.
- An offer must be wholly accepted. A qualified acceptance cannot be made. This would amount to a counter-offer.
- Any condition stated in the offer must be followed before and acceptance can be said to have a taken place.
- Acceptance can be made only by the parties to whom the offer was made.
- Once acceptance is communicated, it cannot be withdrawn except by the consent of the person making the offer.
- As with an offer, and acceptance must be made within the time prescribed, or if no time has been prescribed, within a reasonable period of time.
- The person accepting must know that it exists. no one can accept an offer if they do not know that it exists
Example:
Bressan v Squires (1974)
Click the below link to view acceptance example.
Crown v Clarke (1927)