CIMA BA4 Syllabus C. CONTRACT AND EMPLOYMENT LAW - Explain The Meaning And Consequence Of Acceptance - Notes ^{3 / 13}

If it wasn't unconditional and to all terms then it would be a counter offer which would kill the original offer

2 more rules of Acceptance

1. The offer must still be open to be accepted

2. The acceptance must be by an authorised person

Communication of the Acceptance

The general rule is all acceptances MUST BE communicated Neale v Merrett

via..

1. Words (written or oral)

2. Conduct (using the goods, paying for them etc)

   Therefore contracts do not need to be signed to be accepted necessarily

   Brogden v Metropolitan Railway

Be aware though that acceptance cannot be by silence

i.e "Ifi don't hear from you - I will presume you've accepted" - is not allowable

Felthouse v Bindley

Exceptions to the General Rule of Communication must be Received:

1. Unilateral Acceptance - where possible

2. Postal Rule 

   This means that the offer is accepted when POSTED Adams v Lindsell 

   - if..

   Properly addressed and stamped
   Post was expected for acceptance
   Not an email (these are considered accepted when in the offers inbox)  Entores v Miles Far Eastern