Not a firm promise and so is not an offer it does not

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Unformatted text preview: n direct response to those specific requirements Case: Spencer v Harding see Latimer at ¶5-200 Requests for Information A request for information is not a firm promise and so is not an offer It does not destroy the offer as it is only an attempt to obtain information 27 28 The Acceptance: Rules in relation to Acceptance What can you do with an offer? • • • • • Accept the offer Reject the offer Make a counter-offer: destroys the 1st offer Ask for further information Take no further action on the offer 1. Acceptance must be made strictly in response to the offer Case: R v Clarke, Latimer at ¶5-230 29 30 Rules in relation to Acceptance Rules in relation to Acceptance 2. Acceptance must be communicated Acceptance must be communicated to the offeror This can be done either by words (expressed) or by conduct (implied) Cases: Felthouse v Bindley (Silence not acceptance: see Latimer ¶5-310 ) Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (Acceptance inferred by conduct: see Latimer at ¶5-310) Brogden v Metropolitan Railway Company (Acceptance inferred by conduct: see Latimer at ¶5-270) 3. Acceptance must be unqualified, absolute and unconditional or it may amount to a counter-offer See Latimer – ¶5-240 4. Conditional assent is NOT acceptance Case: Masters v Cameron, Latimer at ¶5-250 5. Acceptance must be clear and certain Case: Scammell and Nephew Ltd v Ouston, Latimer at ¶5-260 31 31 The postal rule 32 Instantaneous communications • Where the parties contemplate the use of the post as a medium of exchange of promises, the rules as to the time of acceptance change as follows: An offer by letter is not effective until received by the offeree Acceptance is effective as soon as it is posted If the offer is to be cancelled/revoked, notice of the cancellation must be received by the offeree before their letter of acceptance is posted • See Latimer ¶5-330...
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