ACCEPTANCE.PART 3

unequivocally accepted."Any deviation or distraction from the terms of the offer does not constitute acceptance.Ordinarily speaking to be valid and effective,must be accepted and silence does not constitute an acceptance.Thus in the case-Felthouse V Blindley the court dismissed the application by the plaintiff to rely on silence acceptance by his nephew who wants to sell a house to him.In Brodgan V Metropolitan Railway co.the court established that both parties had been acting on the terms of an unsigned contract over a resonable period of time.INVALID FORMS OF ACCEPTANCE.However,it has been established some acceptance are invalid despite some purported forms of acceptance.They include but not limited to counter offer that it must be unconditionally accepted(Bilante V Nigeria deposit insurance corporation).A.)It does not vary the basic terms of the acceptance once offeree fails to agree to the terms of the contract.There is contract and that is counteroffer.(Invite V Ferando agro consortium ltd.).B.)Condition or implied.b.)Where the rule will produce manifest injury or glaring inconvenience and absurdity.c.)where the letter of acceptance was wrongly addresed.d.)where it was not properly posted or transmitted.As in the case of Orient Bank V Bilante international.It is the elements of acceptance that constitute material nature of the contract.The court identifies 3 modes of communication.1.)By words of mouth.2).by conduct.3.)and by correspondence.In the types of invalid acceptance we identify.a.)acceptance without communication with no external manifestation of acceptance.This we ve shown evidence in the case of Felthouse V Blindley and others such as counteroffer refered above etc.b.)However it should be noted valid contract goes beyond the concept of offer and acceptance analysis.Now,we move onto to the 6 elements of contract having established cases with no valid cause of action.Other elements include.c.)consideration.d.)intentions to create legal relation.e.)legality and capacity.f.)certainty.We have examined offer and acceptance which ordinarily evolved in the 19th century as the basis of valid contract formation.The formation concept identifies scenario where the organic parties are of one mind.We have no tenancy agreement in the first place and so there is no basis for dispute resolution between parties.It shows abinittio there was no intention to create legal relations making likehood of contract almost void and null.In the case of consideration of parties prima facie,given the extant legal capacity,unfortunately we have no locus standi,let alone a valid contract.Moreover in the absence of tenancy agreement,the doctrine of promissory estoppel says the contractual basis for the enforcement of consideration does not exist.Without such framework,the following tips cannot be enforced:a.)the promise was clear and definite.b.)That promisee justificiably rely on the promise.c.)The promisee's reliance was substantial and adopt a definite character.d.)enforcing the promise will serve best of justice.Estoppel doctrine