Complete 7 page APA formatted essay: Offer & Acceptance.Download file to see previous pages... McKendrick E. (2007) defines offer as offer is an expression of willingness to enter in to contract on ce

Complete 7 page APA formatted essay: Offer & Acceptance.

McKendrick E. (2007) defines offer as offer is an expression of willingness to enter in to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required [Storer v Manchester City Council,1 Gibson v Manchester City Council2]. In Storer the Court of Appeal establish that there was a binding contract. Here the fact that the ABC noticed in newsletter that will pay '500 to anyone who runs in and complete at least five races sponsored by the British Distance Running Association. According to Partridge v Crittenden3 normally advertisement is an invitation to treat for a bilateral contract but here ABC put notice in its newsletter. However, in Carlill v Carbolic Smock Ball Company4 decided that advertisement was a unilateral offer. It also held that advertisement was not an invitation to treat but was an offer to the whole world and that a contract was made with those persons who performed the condition 'on the faith of the advertisement'. In Bowerman v ABTA5 it is likely that a court would find that the advertisement was an offer. So it can be assumed that ABC made a valid offer.

Now it needs to consider whether the offer has been accepted or not by Fast Fred, Swift Sally and Heavy Harry. McKendrick E. (2007) defines acceptance that an acceptance is an unqualified expression of assent to the terms proposed by the offeror. An offer is effective when it is communicated to the offeree. Proof of an offer to enter in to legal relations upon definite terms must be followed by the production of evidence from which the courts may infer an intention by the offeree to accept that offer. The acceptance can be made by words or by conduct. However, the communication of the acceptance is important. The general rule is that an acceptance must be communicated to the offeror. This is strict requirement. It must actually be brought to the notice of the offeror. It is for the offeree to ensure that communication has been made Powell v Lee. The general rule is that acceptance is not effective until it is communicated to the offeror and the acceptance cannot be made through silence. In Felthouse v Bindley6 the offeror cannot waive communication if that would be to the detriment of the offeree.

In Brogden v Metropolitan Railway Company7, where the offeree accepted the offer by performance. Acceptance occurs when the offeree's words or conduct give rise to objective inference that the offeree assents to the offeree's terms. It is a vital question whether Emilio's initiatives has been treated as specific performance. The first involves Fast Fred who had run in four BDRA races. Acceptance required to complete at least five races. He voted against the Fat Slob party and he immediately cancelled his entry in the remaining BDRA races for the year. So no contract has been formed between the ABC and Fast Fred.

McKendrick E. (2005) said that to be a valid acceptance two things must be considered these are the facts of acceptance and Communication of acceptance. However, if courts consider Brogden v Metropolitan Railway Company then performance is enough to form a contract. Swift Sally wanted to comply the condition and had run in the three BDRA races.