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4 Acceptance

Michael Furmston, G J Tolhurst, Eliza Mik

From: Contract Formation: Law and Practice (2nd Edition)

Michael Furmston, Gregory Tolhurst

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 11 August 2022

Subject(s):
Third parties — Construction of contract — Formation of contract — Interpretation of contract — Validity of contract

The clearest way to prove that the parties have reached an agreement is for them to execute a written contract. Where such a document does not exist it is then necessary to prove an agreement has been reached by using the tools of offer and acceptance or by showing that an agreement has been reached by other conduct or communications. This chapter is concerned with acceptance and discusses the various rules governing acceptance. In general terms, an acceptance involves the communication of an unequivocal assent to the terms of an offer. Such ‘assent’ requires a commitment to the terms of the offer and not an acknowledgement of the offer or an expression of interest in the offer.

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