Contract law Essay Example | Topics and Well Written Essays - 1250 words

Contract law - Essay ExampleThe advertisement which Kelly has placed in the local report is an spree that has been made to the world at large, such as for example in the case of Carlill v Carbolic Smoke Ball Co.3 A mere offer impart only constitute a unilateral contract, which will also be deemed valid only if some party proffers an unconditional bridal of the ground of the offer.4John has seen the advertisement in the paper and has posted his acceptance to Kelly. However as McKendrick states, for a contract to be valid, there must be a defined offer mirrored by a definite acceptance.5 An acceptance will be said to occur when the offerees words or conduct can give rise to an objective reference that he/she has assented to the terms offered.6 On this basis, Kellys advertisement in the paper constitutes a definite offer and Johns reply constitutes an acceptance of the terms of the offer.In the case of Gibson v Manchester City Council, it was held that the acceptance of the offer must also be communicated before it can be valid on a contractual basis.7 According to Lord Denning no contract will come into existence unless and until the acceptance has been communicated to the offerer8. Therefore, if a contract is to exist between Kelly and John, then Kelly should have received Johns acceptance of her original offer, without any changes in its terms. John has hence accredited the offer as per its original terms and since Johns acceptance of the offer has been sent by post then it will be held to be a valid acceptance as soon as he posted his letter.9 In fact, the courts have held that where a postal acceptance is concerned, it will hold good even in those instances where the letter is delayed or lost in the post so that it never reaches the offerer.10However, an offer cannot be accepted by the offeree unless and until the offer is communicated to him/her and silence cannot be