Acceptance: mirror image, communication and silence

Topic preview

1. 01

   Mirror image acceptance

   Does the offeree’s reply mirror the offer exactly, or does it change price, quantity, timing, or another material term?

2. 02

   Counter-offer ends offer

   If the reply changes the terms, who is making the new offer and what happens to the original offer?

3. 03

   Communicate acceptance

   Was acceptance actually communicated to the offeror, or is the claimant relying on private intention, assumption, or internal approval?

4. 04

   Acceptance by conduct

   Does the offeree’s conduct objectively show assent, or is it only ongoing negotiation, interest, or preparation?

5. 05

   Silence is not acceptance

   Is the argument that silence accepted the offer, and if so, is there any recognised exception rather than a unilateral attempt by the offeror to impose acceptance?

6. 06

   Moment of contract formation

   At what point, if any, did a valid acceptance occur so that you can pin down when the contract was formed?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.