ABSTRACT

The core idea in acceptance is that it is an unconditional assent to an offer. The concept of assent might suggest that there must always be a written or verbal response by the offeree to the offer to conclude a contract. A moment’s reflection, however, indicates that there are a large number of situations which are contractual on any rational analysis, and yet in which the establishing of a response by the offeree in the above sense would be difficult and artificial, or simply impossible. An offer to buy goods is followed by their despatch in return; an offer concerning the performance of some service is followed by the commencement of the work, and so on. There is ample authority for establishing that, in such situations, an offer can be accepted by the conduct of the offeree, so long as such conduct can be seen as indicating an intention to accept the offer. A clear illustration is provided by the case of Taylor v Allon.39