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ACCEPTANCE par Mind Map: ACCEPTANCE

1. Exceptions to the general rule on communication of acceptance: a) When the offeror does not insist on acceptance to be communicated or has dispensed with the need of communication of acceptance. b) Where the offeror allows the offeree to fulfill conditions of offer. c) Reciprocal promises d) Acceptance made through post (postal rule)

2. REVOCATION OF OFFER AND ACCEPTANCE an offer and an acceptance can still be revoked even after it was made. Revocation means to retract, to cancel or to withdraw.

3. WHEN CAN OFFER BE REVOKED An offer remains open until it lapses or is withdrawn. Section 5(1) provides that "A proposal may be revoked at any time before the communication of its acceptance is complete as against proposer, but not afterwards

4. Section 2(b) provides that: "When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, become a promise"

5. Section 7(a) provides that "In order to convert a proposal into a promise, the acceptance must be absolute and unqualified.

6. Relevant case is HYDE v WRENCH. The defendant offered to sell a farm to the Plaintiff. The Plaintiff want to give $950 for the farm but the defendant refused. Later, Plaintiff said he agreed to pay $1000.The defendant refused to maintain his original offer and the Plaintiff tried to obtain specific performance for the alleged breach of contract. The court held that the Plaintiff's response to the offer was a counter-offer while rejected the original offer so there is no contract created.

7. How and when an acceptance can be made: Section 7(b) provides that in order to convert a proposal into a promise, the acceptance must "be expressed in some usual and reasonable manner unless the proposal prescribe the manner in which it is to be accepted"....