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Definition: S 2(b) where the offeree signifies his assent to the offer.
CONDITIONS OF ACCEPTANCE
Oral or In writing
By words or conduct
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PLAINTIFF
PLAINTIFFS NEPHEW
DEFENDANT/ AUCTIONEER
Accidentally sold the horse, despite having been instructed not to do so by nephew who
intended to sell to his 7 uncle
If I dont receive any response from you, I would assume the horse to be mine
Did not reply, did not receive any money, keeping the horse in his possession.
Contract had not been completed no acceptance had been communicated. SILENCE of the nephew DOES NOT INDICATE ACCEPTANCE Ptf could not claim the horse
Acts upon the terms of the proposal: CARLILL V CARBOLIC SMOKE BALL
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COMMUNICATION OF ACCEPTANCE
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MADE AN OFFER
PLAINTIFF
DEFENDANT AMSTERDAM
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LORD DENNING
WHEN A CONTRACT IS MADE BY POST, IT IS CLEAR THROUGHOUT THE COMMON LAW COUNTRIES THAT ACCEPTANCE IS COMPLETE AS SOON AS THE LETTER IS PUT INTO THE POST BOX, AND THAT THE PLACE WHERE THE CONTRACT IS MADE
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LINDLEY J
WHEN AN OFFER IS MADE & ACCEPTED BY LETTER THROUGH POST, CONTRACT WAS COMPLETELY CONCLUDED ONCE THE LETRTER OF ACCEPTANCE HAD BEEN POSTED, EVEN THOUGH THE LETTER DID NOT REACH ITS DESTINATION
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Defendant
Received on 25 August
REVOCATION OF ACCEPTANCE
Acceptance can be revoked (*)BEFORE THE ACCEPTANCE HAS BEEN COMMUNICATED TO THE OFFEROR, but not afterwards
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(*) S4(2)(b): Communication of acceptance is complete against offeree when it comes to the knowledge of the offeror.
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i.e: offeree can revoke his acceptance before his letter of acceptance reached the offeror. (read by offeror)
S5(2) Acceptance can be revoked by the acceptor before the acceptance comes to the offerors knowledge
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COMMUNICATION OF REVOCATION
s.5(2): THE ACCEPTANCE CAN ONLY BE REVOLED BEFORE THE ACCEPTNACE HAS BEEN COMMUNICATED TO THE OFFEROR IN THE MANNER WHICH BINDS THE OFFEROR
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Defendant
Plaintiff
1st Oct Posted a letter of offer to ptf 8 Oct 11 Oct: Ptf received Posted a revocation defs letter of offer of offer - Post acceptance through telegram on the same day - 20 Oct: ptf received letter of revocation
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