“For an agreement to be legally binding offer and acceptance must be communicated”. State and briefly explain the exceptions to this rule

Acceptance is the external manifestation of assent the offeree. By accepting an offer the offeree creates an agreement between the parties.

• As a general rule acceptance must be communicated to the offeror. Silence does not as a general rule amount to acceptance. It was so held in Felthouse V. Bindley.

• However, in certain circumstances acceptance need not be communicated for an agreement to arise between the parties. For example if the offeror expressly or impliedly waives the communication. As was the case in Carlill V. Carbolic Smoke Ball Co. (1893). Where Mrs. Carlill was not bound to communicate the purchase and consumption of the smoke balls.

• Secondly, where acceptance is conduct. As was the case in Carlill V. Carbolic Smoke BallCo. Ltd.

• An offer need not be communicated if it is conduct e.g public transport.



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