Acceptance - element of contract, Business Law and Ethics

Assignment Help:

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.


Related Discussions:- Acceptance - element of contract

Fair work ombudsman options, Q. Fair Work Ombudsman options? The follow...

Q. Fair Work Ombudsman options? The following are a range of potential options for the FWO to mitigate phoenix activity. These options recognise that the FWO does not currently

Approaches to defining phoenix activity, Q. Approaches to defining phoenix ...

Q. Approaches to defining phoenix activity? There are a number of approaches to defining phoenix activity that could be used. These approaches are summarised below. It should b

Legal protection - significant instances, Legal Protection  - significant ...

Legal Protection  - significant instances: There are however a few but significant instances in which the Companies Act and the general law prescribe certain legal limits on t

Strengths and weaknesses of teleological theories, Question: Consider t...

Question: Consider the following formulation of Kant's Categorical Imperative: ‘Act only to that maxim by which you can at the same time will that it should become a universal

Subject to it or affected it - african customary law, Subject to it or affe...

Subject to it or affected it - African Customary Law Mostly one of the parties must be subject to it or affected through it. Whether as the plaintiff and the defendant rel

What do you mean by electrolysis, Q. What do you mean by Electrolysis? ...

Q. What do you mean by Electrolysis? In electro refining, the impure metal is taken as the anode and a strip of pure metal coated with a thin layer of graphite is made .the cat

State the world rate of interest, State the world rate of interest We ...

State the world rate of interest We have assumed that the world rate of interest only falls to equal R 2 . At point B, therefore, the domestic rate of interest is below the wo

Functions of attorney general, Functions of Attorney general W...

Functions of Attorney general Whereas under sec 26(2) the Attorney General is the principal legal adviser for government of US And whereas he occupies a ministeria

Misfeasance by the auditors, Misfeasance by the auditors: However it i...

Misfeasance by the auditors: However it is not sufficient to describe that the frauds must have been detected whether the entries in the books had been put mutually in a way w

Corporate social responsibility, Corporate Social Responsibility (CSR) has ...

Corporate Social Responsibility (CSR) has become a key aspect in the activities of an organization in the context of environment and community development, employees, customer serv

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd