Rules in relation to acceptance

Question 1

What are the four aspects to identifying communication of unequivocal acceptance?

Answer 1

(1) Acceptance must be in response to the offer – only the person to whom an offer is made can accept the offer.
(2) Acceptance must be unqualified and must correspond exactly with the terms of the offer (Hyde v Wrench (184) 3 Beav 334. Sometimes called ‘the mirror image rule’.
(3) It may be necessary to follow a prescribed mode of acceptance.
(4) Acceptance must be communicated.

Question 2

Further information on prescribed mode acceptance.

Answer 2

• Acceptance may be communicated in any many whatsoever.
• However in certain circumstance the offeror may prescribe a mode of acceptance (e.g. email), and the use of other modes may make acceptance of the offer invalid.
• Manchester Diocesan Council for Education v Commercial and General Investments [1970] WLR 241, Buckley J: it is open to the offeror to prescribe a mode of acceptance ‘in terms insisting that only acceptance in that mode shall be binding’. Clear words must be used by the offeror to make the chosen mode mandatory.
• Unless the prescribed mode of acceptance is made mandatory, another mode of acceptance which is no less advantageous to the offeror will bind them (Tinn v Hoffman (1863) 29 LT 271) (e.g. using post instead of email could be disadvantageous to the offeror, depending on the circumstances of the offer).