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Hi, need to submit a 2500 words essay on the topic Critically analyse the extent to which the classical doctrine on communication of acceptance is relevant in modern contractual relations.eement.1 The
Hi, need to submit a 2500 words essay on the topic Critically analyse the extent to which the classical doctrine on communication of acceptance is relevant in modern contractual relations.
eement.1 The acceptance of an offer is crucial to formation of contract and question arises how and why an offer must be accepted to become a contract. Because there should be meeting of minds. An agreement can be verbal or in writing and in both cases how the acceptance reaches the offeror is important.
The doctrine of communication of acceptance requires that it should be made within a reasonable time. In the following pages, the position relating to communication of acceptance is discussed.
While dealing with acceptance, it is necessary to discuss the other ingredients of agreement. The objective test employed by the courts for an agreement having been reached is the presence of “offer and acceptance. 2 As is well-known, an offer is said to be made when one person proposes to another to do or abstain form doing some thing in order to get the consent of the other to the act or abstinence. An offer can be verbal, in writing, by conduct or by combination of these forms.3 An offer also can be made to an individual, a group of persons or to the world at large.4 An acceptance is made when the person to whom the proposal is made signifies his consent thereto and it should be absolute and unqualified. The acceptance must be communicated in the usual and reasonable manner except when the offeror stipulates a particular manner of acceptance.5 In other words, the acceptance of the offeree implies that the offeree has accepted the offer in the same terms and conditions of the offeror without any reservation.6 Thus, it follows that an agreement comes into existence only when acceptance is received by the offeror so as to ensure that the offeror is not bound by his offer without his knowledge. The place of receipt of acceptance is generally regarded as the place of conclusion of contract. This applies to instantaneous methods such as verbal, telephone, telex and facsimile.7 In such forms of messages, the sender is notified as to its receipt or otherwise by the
