Law 5110 Lecture Notes - Lecture 7: Tinn, Fax, Obiter Dictum
Document Summary
General rule is that acceptance must be effective when it is communicated to the offeror. This is not an absolute rule however, there are many exceptions. If the offeror (the person who made the offer) does not catch the words of the acceptance and does not ask for them to be repeated. The offeree (person sending acceptance) is unaware their acceptance hasn"t got through. The offeror may be prevented by denying the existence of a contract. Both parties are aware the acceptance has not got through so in this case there will be no contract. Acceptance will only be effective when communicated (the offeree has to re-send their acceptance) The offeror is seeking performance of an art. Reward cases performance = acceptance e. g. the reward cases, communication of acceptance is generally dispensed with and the performance of the act is sufficient to indicate acceptance.
