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ACCEPTANCE HYPOTHESIS.PART 1

Malaysian Contract act of 1950 part 2,section 4 says'1.)The communication of a proposal is complete when it comes to the knowledge of the person whom it is made.2)The communication of the Acceptance is complete.a.)as against the proposer when it is put in a cause of transmission to him so as to be at the power of acceptor.b.)As against the acceptor when it comes to the knowledge of the propose.3.)The communication of a revocation is complete.a)As against the person who makes it when it is put into a course of transmission to the to whom it is made,so as to be out of power of the person who makes it.b.)As against the person to whom it is made when it comes to his knowledge.That any contract to be binding an acceptance of the offer must be communicated to the offeror.Cases like Entores V Miles far east corp(1955).When Lord Denning stated the offeree must communicate acceptance or someone authorised by the offeree.If someone accepts on behalf of the offeree without authorisation,this will not be valid acceptance Stevenson V Maclean(1880)-the law states that for contract to be binding there must be communication to the offeree or someone appointed by the offeree.Though acceptance must correspond to the offer,unequivocal and not a counteroffer though a mere request of information not counteroffer.If B is aware of the contract formed by A but does not communicate his acceptance A cannot fulfill his part of the bargain given the fact there is no acceptance.Acceptance can be defined as the final and unequivocal expression to the terms of the contractual offer.See case Akin Akinyemi Vs Odua investment co.Ltd."Acceptance is the agreement of the offeree to enter into a legally binding contract with the offeror in the terms of the offeror's offer."In the'case of tenant vs landlord to be valid,it must not only be plain,unconditional,unequivocal without any variance of sort but must also shows consideration(Bilante international Vs Nigerian deposit insurance corporation).The court held"an offer must be unconditionally and then



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ACCEPTANCE HYPOTHESIS.PART 1

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