Acceptance (Topic 3)

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Acceptance (Topic 3) por Mind Map: Acceptance (Topic 3)

1. Revocation of Acceptance

1.1. Section 5(2) CA - 'An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards'.

1.2. Section 4(3) CA 'The communication of a revocation is complete---- a) as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; b) as against the person to whom it is made, when it comes to his knowledge”.

2. Forms and conditions of acceptance

2.1. - Exercised by the offeree indicating his assent to the transaction in response to the offer.

2.1.1. - There must be a proper acceptance to bring about the binding obligations between the parties.

3. Provisions

3.1. Must be made in reliance of the offers, s. 2(a) and s. 10(1) CA.

3.1.1. Section 2; a) when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act of abstinence, he is said to make a proposal; b) when the person to whom the proposal is made signifies his absent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise;

3.1.1.1. Section 10(1) All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

4. Conditions of Acceptance

4.1. 1) It must be absolute and unqualified: s. 7 CA - Section 7(a) - In order to convert a proposal into a promise the acceptance must be absolute and unqualified. - It must be established that the offer has been accepted as a matter of fact. it means a complete and unqualified acceptance of the offer.

4.1.1. 2) Acceptance in usual and reasonable manner: S. 7(b) CA - In order to convert a proposal into a promise the acceptance must be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in that manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but, if he fails to do so, he accepts the acceptance.

4.1.1.1. 3) Acceptance must be made within reasonable time: - Acceptance must be made within reasonable time if no time is prescribed. Section 6 (b)

4.1.1.1.1. 4) Acceptance by perfomance: - The performance of the conditions of an offer or the acceptance of a consideration of an offer would also constitute ac acceptance. Section 8 CA - "Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal".

4.1.1.2. Ramsgate Victoria v Montflore; The defendant offered to purchase shares in the claimant company at a certain price. Six months later the claimant accepted this offer by which time the value of the shares had fallen. The defendant had not withdrawn the offer but refused to go through with the sale. The claimant brought an action for specific performance of the contract.

5. Communication of Acceptance

5.1. Rule: acceptance is complete when it is brought to the notice of the offeror.

6. How to determine whether the communication of acceptance is complete?

6.1. i) By instantaneous means/ electronic means. Postal rule does not apply in cases where there is instantaneous circumstances. (telephone, telefeax). -An acceptance made by these modes must be actually come to the knowledge of the offeror in order to be effective and form a binding contract. ii) Postal rule. Where it is agreed that the parties will use the past as a means of communication the postal rule will apply. The postal rule states that where a letter is properly addressed and stamped, the acceptance takes place when it is placed in the post box.