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communication of offer and acceptance

communication of offer and acceptance

1. While reading the communication of offer we need to know about two things-What are the modes of communication of acceptance? PL sellers in London made offer by telex to sellers (agents) in Holland. Effective communication of the offer and a clear understanding of it is important to avoid misunderstanding between all the parties. According to Sec.4, “The communication of an offer is complete when it comes to the knowledge of the person to whom it is made.” “The communication of an acceptance is complete: as against the proposer when it is put in a course of transmission to him, so as to be out of the power of the acceptor. When an acceptance will be called communicated? When an acceptance will be called communicated? Page 6 Law for Business & Personal Use Adamson-Mietus, 2000 Pages 98-109 revocation removal of an offer before acceptance Modification or revocation is not effective until it is communicated to the offeree or received at the offeree’s mailing address. Ignatius v Bell (1913) 2 FMSLR 115, CA • The Defendant, Bell, gave an option to the Plaintiff to buy a piece of land on the condition that the option must be exercised on 20.08.1912. For a contract to be binding, there has to be an offer, communication of the offer and acceptance which should be unconditional and in a manner requested by the offeror. Communication of an acceptance: has two aspects. Communication of Offer, Acceptance and. communication used by the offeror in making the offer would be impliedly authorize (e.g., an offer sent by mail would impliedly authorize an acceptance by), as would a manner of communication common in parties’ trade or business (e.g., a trade usage in the parties’ business that offers are made by mail and accepted by telegram would authorize B. Offer accepted by telex from sellers received on Pl’s machine in London. Communication of Acceptance. Offer, communication of the offer and Acceptance. Postal Rule - Illustration • Postal rule – which deems that acceptance of an offer is complete when the acceptance is posted. Acceptance occurred by performing the contract without any complaints towards the terms of the contract. Entores v Miles Far East Corporation [1955] EWCA Civ 3 . Revocation sec 4 & 5 1. Communication of Offer and Acceptance Then the offer becomes binding, it creates legal relations between the two parties. Communication Of Offer And Acceptance Problem of communication arises when the parties to the contract are not face to face with each other. The communication of an offer is complete when it comes to the knowledge of the person to whom the offer is made and the communication of an acceptance is complete when the acceptance is put in a course of transmission to the offerer. 3. To discuss the postal rule in light of modern communications, it is first necessary to explore the traditional law concerning offer and acceptance by post. Effective Communication . TIME STATED IN THE OFFER When making the offer, the offeror may state how and when the offer must be accepted. Conditional acceptance or cross offers makes the offer voidable at the option of the offeror (McKendrick, 2011). • The Plaintiff exercised the option by posting a letter on 16.08.1912. Modes of communication of acceptance. Communication of offer and acceptanceWhen Communication if acceptance is complete ?The communication of acceptance is complete, as against the proposer, when it is put a course of transmission to him, so as to be out of the power of the acceptor; and as against the acceptor, when it comes to the knowledge of the proposer. Communication of an offer: complete when it comes to the knowledge of the person to whom it is made, i-e, when the letter containing the offer reaches the offeree. If … 2. In Holland exercised the option by posting a letter on 16.08.1912 complete when the offer becomes,. 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