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AB1301 Contract: Offer & Acceptance, 93-94 Evidence Act, most…

- - - - A reliable third party can communicate a valid revocation
        
        Revocation of an offer can also occur if the offer is replaced or substituted by a fresh offer
        
        Option: If a separate contract stipulates that the offer is promised to be kept open for a specific period, the offeror CANNOT revoke until the period ends
        
        Revoking an offer in a unilateral contract is more difficult due to no knowledge of acceptance = obligation not to revoke the offer after the offeree has embarked on the performance of the conditions
  - - - If a new term is made, A counter-offer is created and the initial offer is rejected
        
        Anything less than an unconditional acceptance is construed as rejecting the initial offer & forming the counter-offer
  - - - -Specified period of time does not have to be expressedly stated--law will presume that an offer lapses after a reasonable time has passed
        
        if it is clear that the offeror's conduct & other evidence that the lapsed offer continue too govern their relationship, the offer is still valid.
  - - - may be expressedly stated or implied
- - - - Offer must be communicated to the offeree!!!
        
        the intention to be bound suffice where the offeror by his words or conduct induces a reasonable person to believe that he intends to be bound (even if he has no such intention)
    - - Offeror loses his ability to withdraw or negotiate the arrrangement
- - - - Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept the offer.
  - - - Conditional Acceptance is NOT an acceptance.
        (eg. if a party accepts the offer on the condition that one of the terms is changed, the offer is not deemed accepted)
        
        Accepted but "Subject to review" and "subject to a written contract drafted" is NOT an acceptance UNLESS the condition is fulfilled (i.e. reviewed)
    - - Acceptance must be physically received by the offerer or heard by the offerer.
        
        Contracts often specify the mode of acceptance and the time.
        
        any other time would be invalid
      - Exceptions to communicating acceptance
        
        Silence: Parties agree that Offeree's silence is acceptance
        
        Both parties must agree that silence is to be considered acceptance.
        
        a rare practice
        
        eg. both parties agree that the offeree would only have to communicate if rejecting the offer
        
        Waiver of Communication: Offeror waives communication of acceptance
        
        when offer is made to the whole world
        
        the act of the offeree may itself be considered acceptance without requiring formal communication
        
        Postal Acceptance Rule: Acceptance properly made under the postal rule
        
        No need to communicate if acceptance is sent through post
        
        Acceptance is deemed effective as soon as the letter is posted
        
        Applied only in circumstances where it is clear that the parties agree that acceptance should be sent by post
        
        To circumvent the postal rule, offerers often stipulate that acceptance is not valid until received by the offerer
        
        If legislation authorises or requires a document to be sent by post, the postal rule does not apply