May 18, 2022
ACCEPTANCE HYPOTHESIS.PART 1
Malaysian contract act of 1950 part 2,section 4 says'1.)The
communication of a proposal is complete when it comes to the knowledge
of the person whom it is made.2)The communication of the acceptance is
complete.a.)as against the proposer when it is put in a cause of
transmission to him so as to be at the power of acceptor.b.)As against
the acceptor when it comes to the knowledge of the propose.3.)The
communication of a revocation is complete.a)As against the person who
makes it when it is put into a course of transmission to the to whom
it is made,so as to be out of power of the person who makes it.b.)As
against the person to whom it is made when it comes to his
knowledge.That any contract to be binding an acceptance of the offer
must be communicated to the offeror.Cases like Entores V Miles far
east corp(1955).When Lord Denning stated the offeree must communicate
acceptance or someone authorised by the offeree.If someone accepts on
behalf of the offeree without authorisation,this will not be valid
acceptance
Stevenson V Maclean(1880)-the law states that for contract to be
binding there must be communication to the offeree or someone
appointed by the offeree.Though acceptance must correspond to the
offer,unequivocal and not a counteroffer though a mere request of
information not counteroffer.If B is aware of the contract formed by A
but does not communicate his acceptance A cannot fulfill his part of
the bargain given the fact there is no acceptance.Acceptance can be
defined as the final and unequivocal expression to the terms of the
contractual offer.See case Akin Akinyemi Vs Odua investment
co.Ltd."Acceptance is the agreement of the offeree to enter into a
legally binding contract with the offeror in the terms of the
offeror's offer."In the'case of tenant vs landlord to be valid,it must
not only be plain,unconditional,unequivocal without any variance of
sort but must also shows consideration(Bilante international Vs
Nigerian deposit insurance corporation).The court held"an offer must
be unconditionally and then
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