Communication of acceptance. Successful bidder will be informed of the acceptance of his bid by uploading the information/details on University website.
Communication of acceptance. The general rule is that an acceptance must be communicated to the offeror. Until and unless the acceptance is so communicated, no contract comes into existence: Lord Xxxxxxx in Entores v Miles Far East Corp. [1955] 2 All ER 493. The acceptance must be communicated by the offeree or someone authorised by the offeree. If someone accepts on behalf of the offeree, without authorisation, this will not be a valid acceptance:
Communication of acceptance. Offeree / agent must communicate acceptance to offeror / agent EXCEPT:- Where performance of an act or the conduct of a person is deemed to constitute acceptance. CARBOLIC SMOKEBALL A ‘unilateral contract’ may be established whereby offer includes a term providing that complete performance or conduct by the offeree will constitute complete acceptance. No need for advance notice of acceptance. Where acceptance is made by post An offer effect if & when it is received. Acceptance by letter takes effect when it is posted. CONSIDERATION Consideration is required for all enforceable contracts, except deeds under seal. DEFINITION Some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. Consideration can consist of doing something, refraining from doing something or making a promise in return for the other party doing any of the above. If there is no consideration the agreement is unenforceable unless it is under seal or unless the principle of promissory estoppel applies. Consideration must be of some value but need not be adequate Anything of value which contributes to the bargain made is recognised in law as good consideration. It can money, land, goods, services or any undertaking which confers a benefit on one party or represents a loss to the other Existing Legal obligation Performance of an existing legal obligation imposed by statute is no consideration for a promise. However, of some extra service is given then that is sufficient consideration Consideration mist be provided by the promise Consideration is the price of a promise, so a person can only enforce a promise if they themselves provided the promise ie. Consideration must move from the promisee Past Consideration – consideration must not have been provided prior to the agreement Is any act which has already been performed before a promise in return is given & is not sufficient to enforce the promise EXCEPTIONS Past consideration will support bills of exchange (cheques) since most of these are issued to pay existing debts Past consideration supports a later promise to pay for something done at the promisors request ie. That consideration provided in the past will be good consideration when it was understood at the time there would be payment in the future
Communication of acceptance. An acceptance has no effect until it is communicated to, and received the offeror. Xxxxx & Co v Xxxx Xxx Xxxxxxxxx However this general rule depends on the circumstances of the case. EG – did offeree know it would be received immediately, or was acceptance communicated outside of office hours (therefor not expected to be received until morning)? “Acceptance may be revoked, provided the revocation is communicated to the offeror before acceptance is effective.” Xxxxxxxxx v Stahag Xxxxx Acceptance may be communicated only by the offeree or his/her agent. Xxxxxx v Xxx Silence is not acceptance. Felthouse v Bindley; Empirnall Holdings v Xxxxxx Xxxxx Xxxxxx of comms in unilateral contracts An offeror may waive the need for acceptance to be communicated – ie a unilateral contract. Carlill v Carbollic Smoke Ball Acceptance by conduct (ie a unilateral contract) waives the need for communication. No method of comms prescribed Method adopted will depend on method used to communicate offer Xxxxxx v Xxx If instaneous comms general rule applies – acceptance incomplete until it is communicated and received by offeror.
Communication of acceptance. An offer cannot be accepted by silence an inaction. The offeree must do some positive act indicating his intention to be contractually bound.Felthouse v Bindley Exception: acceptance by conduct? Empirnall Holdings v Xxxxxx Xxxxx (1988)
