English Contract Law - Acceptance procedures for bilateral offers
In this part, we examine how the offeror's specifications for how acceptance should be communicated have an impact. Comparing the legal position for unilateral offers and the stance for bilateral offers In order to create a legally enforceable contract, it is customary to notify the offeror of an acceptance of a bilateral offer (the receipt rule). The acceptance must really be received by the offeror in order for it to be valid, according to the receipt rule. The precept that silence cannot constitute approval is supported by the requirement for communication of acceptance. Therefore, it is not permissible for an offeror to inform an offeree that he will presume that his offer has been accepted if he hears nothing from him. In other words, a binding contract won't be formed if the offeree doesn't reply to such a communication from the offeror. Regarding the type of acceptance, there are two key factors to take into account: Acceptance must be communicated in the manner indicated by the offeror if it has been stated explicitly or impliedly that acceptance must take a certain form, such as in person. The offeree may use another form of acceptance as long as it is not slower if the offeror has not made it abundantly apparent that it must only be made in a particular form. For instance, if the offeror required acceptance to be made by phone, a physical visit would suffice as a backup, so long as it wasn't noticeably slower. An important exception to the general rule that a bilateral contract's acceptance must be notified in order to be effective is the postal acceptance rule.
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