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Communicating acceptance of an offer (Read 8397 times)
Lesley
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Communicating acceptance of an offer
Oct 22nd, 2003 at 8:56pm
 
Can anyone help...

If you are making and offer over the phone and the line goes dead, is it a binding contract ???
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Re: Communicating acceptance of an offer
Reply #1 - Oct 30th, 2003 at 7:08pm
 
Depends.....was it accepted?
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Lesley
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Re: Communicating acceptance of an offer
Reply #2 - Oct 30th, 2003 at 7:26pm
 
I dont know,

I think this is like the postal rule, if it was posted but dosent get there it still counts.

So if the offer was made on the phone, and it went dead before there was a response do you have to assume it is accepted and therefore a binding contract. Undecided
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Re: Communicating acceptance of an offer
Reply #3 - Nov 3rd, 2003 at 7:27pm
 
It is not binding.  The postal rule does not apply to the telephone.  However, if the offer had been made before the break in communications, it is the responsibility of the offeror to restart the communication.
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Re: Communicating acceptance of an offer
Reply #4 - Nov 3rd, 2003 at 11:57pm
 
If it's not accepted, it doesn't matter how you convey an offer - there's nothing there to be binding.
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Re: Communicating acceptance of an offer
Reply #5 - Nov 9th, 2003 at 12:42am
 
A clue to the answer lies in the phrase "postal ACCEPTANCE rule".  The rule only applies to communicating an acceptance and never applies to offers.
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Re: Communicating acceptance of an offer
Reply #6 - Nov 27th, 2003 at 2:17am
 
The postal rule does not apply here.  If the line went dead after the offer then it is up to the offeror to phone back and ensure that the offeree heard the offer.
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helen
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Re: Communicating acceptance of an offer
Reply #7 - Nov 27th, 2003 at 2:19am
 
There is no contract until the offeree conveys their acceptance.
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Re: Communicating acceptance of an offer
Reply #8 - Nov 29th, 2003 at 3:43pm
 
Acceptance speaks only when it is received by the offeror - The offeror must be in receipt, knowledge and communication of the acceptance of offer.
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Re: Communicating acceptance of an offer
Reply #9 - Dec 13th, 2003 at 2:53pm
 
That depends dear! if the line was dead after that there had been an offer and it was accepted then it becomes a binding contract, but if there was only an offer and before it was being accepted the line was dead then tere is no binding contract. For the postal rule, it is not applicable to instantaneous communication such as telex,fax communication, etc. Telephone also is an example of an instantaneous communication.
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Re: Communicating acceptance of an offer
Reply #10 - Oct 18th, 2004 at 5:11pm
 
to leave a message on  a answer machine coul be considered a communication of acceptance?
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Communicating acceptance of an offer
Reply #11 - Oct 18th, 2004 at 5:12pm
 
to leave a message on  a answer machine could be considered a communication of acceptance?
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