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Acceptance (Postal Acceptance (the offer is accepted not the acceptance is…
Acceptance
Postal Acceptance
the offer is accepted not the acceptance is received, but as soon as it is posted.
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the postal rule is effective where the letter was delayed or even when it never reached the intended recipient
the postal rule is not effective where the express terms of the contract state that the acceptance must be received and in writing. Here the standard rule of communication remains.
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In order to establish an acceptance, two conditions must be satisfied
- The acceptance must be absolute and unconditional
- The acceptance must be communicated to the offeror
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**Acceptance by Conduct
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A contractual document has been drafted by the principals of the companies and was used in negotiations between the parties. Whilst it had not been signed, it was sufficient that the intentions from the parties' actions enabled an agreement to be deduced.
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Email Acceptance
The courts have traditionally reverted to the common rule of acceptance being effective when communicated and received.
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