Modes of Acceptance
What are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and common law. Support your answers with reference to decided cases.
An acceptance must be communicated for it to be effective and valid. The
mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example, he should communicate his acceptance of the offeror. This can be illustrated in the case of Brogden v Metropolitan Railway Co (1877) 2 App Cas 666. In this case, the defendants had for some years supplied the plaintiffs with coals. It was suggested by the defendants that a contract should be entered into between them. After their agents had met, the terms of the agreement were drawn up by the plaintiffs ' agent and sent to the defendants. The head of the defendants ' firm filled up certain parts of the agreement which had been left blank, inserted the name of the proposed arbitrator, wrote "approved" at the end of the page, and signed his own name. The defendants ' agent sent the document back to the plaintiffs ' agent, who put it in his desk. Nothing further was done to execute the agreement. For some time, both parties acted in accordance with the arrangements stated in the document. Subsequently, the defendants declined to continue the supply of coals in this manner. The plaintiffs brought an action for damages for breach of contract. The defendants denied the existence of any contract for the supply of coals. the House of Lords held that there was no acceptance of the offer. Although there may be mental assent, the act of the plaintiff 's agent putting the document into his desk would not amount to communication of the acceptance. However, the House of Lords held that by virtue of the course of dealings of the parties in the ordering and supply of the coals, such conduct amounted to an acceptance.
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An acceptance must be communicated for it to be effective and valid. The
mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example, he should communicate his acceptance of the offeror. This can be illustrated in the case of Brogden v Metropolitan Railway Co (1877) 2 App Cas 666. In this case, the defendants had for some years supplied the plaintiffs with coals. It was suggested by the defendants that a contract should be entered into between them. After their agents had met, the terms of the agreement were drawn up by the plaintiffs ' agent and sent to the defendants. The head of the defendants ' firm filled up certain parts of the agreement which had been left blank, inserted the name of the proposed arbitrator, wrote "approved" at the end of the page, and signed his own name. The defendants ' agent sent the document back to the plaintiffs ' agent, who put it in his desk. Nothing further was done to execute the agreement. For some time, both parties acted in accordance with the arrangements stated in the document. Subsequently, the defendants declined to continue the supply of coals in this manner. The plaintiffs brought an action for damages for breach of contract. The defendants denied the existence of any contract for the supply of coals. the House of Lords held that there was no acceptance of the offer. Although there may be mental assent, the act of the plaintiff 's agent putting the document into his desk would not amount to communication of the acceptance. However, the House of Lords held that by virtue of the course of dealings of the parties in the ordering and supply of the coals, such conduct amounted to an acceptance.
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