Importance Of Acceptance And Acceptance

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In contract law, offer and acceptance is considered as the most fundamental and important pat in determining the existence and operation of the contracts among the parties. An acceptance, to be effective, must be communicated between the parties. It is provided that mutual assent is insufficient but the acceptor must do something to signify his intention to accept, which is by communicating his acceptance to the offeror. This can be done via the communication of acceptance by post or telegram. In respect to the communication of acceptance, there are few difficulties posed when there is a time lag between sending and receiving and in some situations where the acceptance is not received by the offeror without the fault of both parties. It must be noticed that the general rule of acceptance in common law is that the acceptance is complete when it comes to the knowledge of the offeror. However, there is an exception to this general rule, namely the postal acceptance rule. The postal acceptance rule, as according to The Free Dictionary , is defined as if an offer is made in a manner that it may be reasonable to assume that another person would accept the offer by placing a letter or other writing in the post, then the acceptance is deemed to have occurred when the letter or writing was placed in the …show more content…

This rule can be illustrated in an example where A makes an offer by post to sell a land to B. The next day, A decides to revoke the offer and thus A puts a letter in the post to B revoking the offer. Before the revocation offer reaches B, B has posted a letter accepting the offer to A. The revocation letter posted by A only reaches B after the posting of letter of acceptance. In this example, A cannot revoke the offer because B has already accepted the offer. There is a contract formed at the moment when the letter of acceptance is posted, no matter the letter comes to the knowledge of A, the

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