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Words: | Submitted: Fri Jan 28 2005
... was tantamount to an offer. Identifying the acceptance, in this case, is more problematical; in order to understand whether or not there has been an acceptance, it will be necessary to look at the various rules regarding acceptance, which the courts have developed. The first rule is that the acceptance must be communicated to the offeror by the offeree (or by someone with their authority). There was evidence for this in the problem question; furthermore, the communication of acceptance must be received by the offeror, and, where the form of communication is instantaneous the contract will come into existence, when the acceptance is received: Entores Ltd. v. Miles Far East Corporation4 Denning LJ said in the case of Entores; 'Suppose ... that I shout to a man across a river or courtyard but I do not hear his reply'; Denning said that no contract could exist in this situation - ...
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