Law 5110 Lecture 5: Lecture 5
Document Summary
Whether there has been an acceptance by one party of the offer made to him by the other may be ascertained from the words (or documents) that have passed between them or it may be inferred from their conduct. Again, the approach is said to be objective. The extensive case law on this issue may be reduced to a number of principles. If a party seeks to vary or introduce new terms, this may be a counter-offer; (i) A counter-offer is not an acceptance - the offeree must accept the exact terms proposed by the offeror. A counter-offer may render the original offer incapable of acceptance; basically, it will destroy the original offer. Wrench offered to sell his farm to hyde for 1,000. Hyde did not accept, but himself offered to buy it for 950. Wrench wrote rejecting his counter-offer, whereupon hyde purported to accept wrench"s original offer of. Claimants response was a counter offer which destroyed the original offer.
