good evening and Welcome to our continuous uh listening tonight uh for quite some time now I've not had the time to be able to regularly meet as our wish to but most important thing is that one time uh permits we're able to have some engagement so tonight we are going back to law of contracts and before we actually proceed in case you have just joined us for the very first time uh there's a particular advice I give and I will Retreat that because the purpose of doing this with you I'm sort of like I'm coaching you right I don't see myself as you'll be teaching you all over what I'm doing the presumption or the Press position is that you've all learned this already but main task is to coach you as to how to go about the preparation so from time to time I will remind especially those who haven't had the benefits of hearing some of the uh tips that I have uh offered in the past regarding how you should go about the preparation so because we are being contracts or there's uh limited to contracts and the advice is that the topics in contracts are not many okay there are not many we can just rattle through them and very soon uh as we start you'll notice uh the topics uh if you Advocate them yeah less than 10 topics so my advice is that as far as contract is concerned uh make time take unnecessary book or sheets without open any book lists the topics and under each topic uh you take this topic one after the other and then on your own states the principle contract is essentially about accepting rules of law certain principles which guy formation uh interpretation uh and also remedy you know breach of contract and so on so you try under each topic on your own what are the principles uh if you take uh let's say uh offer an acceptance we start from offer under the relevant principles accepted on your own and as you do that you must also add the corresponding authorities that is the case law or a limited instances the relevance that your Provisions may be us in the electronic transactions act or the contract act or the auction says law uh as the case may be you should cite them alongside the principles that you outline now when you do that for all the topics in contracts when you are done uh you take your contract book Adam assessments uh Mrs uh or any uh good contract book and then you try to cross-check as whether you've done a good job uh or not and once you do that exercise you get the clear picture of where you are relatively weak in terms of not having proper graphs of the principles that you need to do more reading there so that is the best way to to prepare and as I told you for me uh I would like to be the students who does not predict questions but would like to prepare well on all the topics so that when he goes to the exams he may not get first class but will certainly not feel the people because you have prepared very well okay so that is just by the way so having said that we will continue with our lesson I think lesson nine I'm not mistaken you see so we'll continue with our lesson now and uh as I usually do I do what we call like a question teaser the question is that I do just to give us a sense of some of the things that we should be able to do if we have learned the topic we are going to revise well so this is like a program-based question and of course you know the hierarchy the story is this I mean some of you know the this type of question before Brown knows that right I'll be Keen to buy his car on Monday he tells right that he had decided to sell uh the car the price of 20 000 Ghana cedis right is that he's very interested but we like to think about it uh Brown says I will assume that you want it unless you tell me otherwise by Saturday on Friday right meets green who tells him that Brown had just agreed to sell the car to Smith for 22 000 Ghana cedis right who had decided he wants the car immediately puts a letter in the post accepting Brands offer later that day in Carver he has a change of mind he calls from brown to tell him to ignore the letter Grant tells him that is zero Smith has fallen through and that is so Keen to sell to write I'm giving you uh two three minutes uh apply Iraq especially identify the era of Law and raise the issues so in two minutes time I will just come back to you those who would like to share their uh on them before we continue with uh the the presentation or the discussion a bit for tonight so two minutes okay right two minutes yeah so as uh okay uh if we have some responses you can put them in the in the chats or if you want to commit yourself to probably take a one or two students and then we come back together is anybody ready you can just raise up your hand and then I'll allow you to meet yourself so anybody generals to share uh his or her thoughts on this uh teaser nobody okay so since uh you know okay let me look at the charts but we are reading okay or maybe less work together probably that's uh will let us move fast so that we don't waste time and we can do what we want to do and close good so as I have suggested before when you have a problem-based question certainly the approach we use is the Iraq okay so uh we need to know the area of the law and also to help us to even like get the issues although the area of the law is not mandatory but it is a good practice especially as far as Ghana is concerned a lot of the uh the lawyers or the law teachers are happy with setting the area of the law as well so I would suggest that you don't ignore it although if you go to the UK some universities they don't really need it whether they need is the issues that you are raising but he wrote the law so you read the passage from the beginning to the end the era of the law will become uh evidence to you so what is the area of the law before the the general area of the law certainly we uncontracted but which aspect of uh contract law you think is implicated or it's actually relevant or images of the story yes any thoughts oh you're still reading then we've brand news uh that right I'll be key to buy his car on Monday it says right that they are decided to sell at the price of twenty thousand Ghana cities Rahi says that is very interested but would like to think about it bronzes I will assume that you want it unless you tell me otherwise by Saturday on Friday right meets green who tells him that Brown has just agreed to sell the car to Smith's for 22 000 Ghana cities right who have decided he wants the cup uh immediately put a letter in the post accepting Brands offer later that day however he has a change of mind because of brown to tell him to ignore the letter Brown tells him that his deal with Smith has fallen through and now he's still Keen to sell to write so what do you think uh is the area of the law or the areas of the law raised by this sorry anybody uh Okay so okay let's see first and what I'm going to do is that I'm going to release all of you but please make sure that your mic is off all the time so that we don't get the feedback unless and only one person should have his or her Mark also see fast you can meet yourself okay and thank you sir okay please the area of law here includes offer and acceptance and some areas of postal rule okay so often acceptance particularly that's what you're saying okay so I think that we have uh Korea Europe law is agreements for nuclear acceptance and then we have uh there's another one earlier on let me see Ambrose communication of acceptance and revocation of an offer okay then often yes yes hello there yes yes yes I think the area of law professors often acceptance then communication of revocation and then silence as a mode of acceptance rule of communication of ourselves okay all right so you'll be very more uh you've broken it down but there's also nothing wrong if you use like the general one and say that the area of law is uh of an acceptance uh you cannot be marked wrong because as a matter of fact the matters which are uh no implicated in the story uh really of an acceptance so that is fine good so now let's take like the issues so the issues are said that you should take sentence by sentence right that is the easiest way not to lose out on any issue so Brown knows that right I'll be key to buy his car and you ask yourself does this actually uh provoke any issue does it certainly not because what are we thinking of another or what if you know that somebody is interested in buying your car uh it doesn't raise any legal question isn't it uh on Monday uh he tells right that he decided to sell at the price of twenty thousand uh does that provoke any issue because that I suggested issue if it does what is it quick quick quick yes see fast listen um the issue here could be whether or not and brown has made a new valid offer to Brown air rights okay okay that is fine uh how else can it be put apart from how she passed has put it I said I think this challenge at the weather or not there is a binding agreement between bright and sorry between brown and brown right uh that if you say binding agreement is not wrong but I I'll discourage that uh because uh acid if you say binding agreement you are still at the two general you know it's two abstracts you know but then if you break it down certainly you know that uh agreement you need an offer isn't it so if you can come down to using you know the way that uh like maybe like see first put it the sense there is that we are asking is there has the essential point is that has a uh Brown made a valid offer to write as he made an offer to write I think that is essential question and now that can be formulated in virus with of course there are various ways of speaking uh some will say whether us or somebody put it uh whether or not uh Brown has made uh an offer to rights accounts will be put in so many other ways but the the essential point is that however you formulate it however you catch it it is you might be thinking of what an offer so at this stage uh you just be out there of the author annotation to treat at that particular sentence to any other particular area yeah okay so somebody has made the formulation whether or not uh uh bronze offer constitutes a valid offer okay and in that is also fine good so let's move on so we have one issue now we haven't finished this the passage Ryan says that he's very interested that would like to think about it does that suggest any issue or we should just ignore it hello yes so I'm I'm running the class with only see if I said okay so if I go ahead so I would like to try that um whether or not whether or not right has made an unequivocal acceptance to the offer of brown okay okay so I'm thinking of weather right uh has accepted the offer isn't it or has been okay that's fine can be put in other other ways but at least that is good has anybody put in any other way uh there's nothing from the chat okay now let's move on Brown says I will assume that you want it unless you tell me otherwise by Saturday does that suggest any issue because that uh yes I'm Bruce Ambrose please commute yourself and go ahead okay okay so thank you sir I'll go with whether or not uh Brown promised to keep the offer open uh was binding on it okay okay that is fine but can you be put in a much simpler right and direct or succinct you know way and if you're more pregnant very sharp yes I get what you mean I am Goose they are on track but can it be refined but yes uh I think there's a okay so first you want to have another case of us listen and whether or not brown has made a firm offer but already don't forget we have raised an issue about uh Brown having made what an offer isn't it if you remember that was like the very first issue so yes sir uh it will not be a good idea to still be framing that issue here there's another issue uh which is embedded in this particular statement I will assume that you want it unless you tell me otherwise by Saturday maybe let me give you a clue yes I'm thinking that he's using silence and as an acceptance there so whether or not bronze silence until Saturday constitute an acceptance of the offer okay uh okay okay that is I get what you mean your thinking along the lines of filters and bindly uh or uh okay that is fine but what about is that unless we tell me otherwise by Saturday um that's just suggest anything to you so does that suggest anything to you yes something in the chat uh whether or not brown selecting to keep the car to Saturday prevent him from selling to another person okay so we are thinking of weather Brown is bound right uh Brown has no obligation to keep the offer till Saturday okay is brown uh bound to keep the offer to Saturday okay I mean that that is that is that is a fair point and then someone wants to raise the issue along the lines of philosophers whether uh uh Brown and impose the uh silence as the mode of what uh acceptance by our rights or you could also read the point that uh what is the the legal effect of the the silence uh Brown is trying to impose on rights or you could also be silent on that particular issue so that when you are discussing whether Brown is bound to keep the offer till Saturday then you will discuss uh that bit of you know four thousand monthly as well on Friday right meet assume that brown has just agreed to sell the car to Smith's for 22 000. uh does that suggest any legal issue does that suggest an illegal issue [Music] whether or not a Brown's prescribed mode of acceptance is valid okay I mean uh he's talking in reference with the the silence that we were uh contending with okay now so the sentence I just read does that suggest any issue uh right telling you that uh uh brow has agreed to sell the car to uh another person Smith for 22 000. yes sir yes sir next chance it suggests that a communication revocation by a third party so the issue of whether or not the contract between I mean the offer has been revoked by right and the communication to the offering is valid okay okay so uh just we get the sense uh can anybody put it any other way so we're just trying to uh raise the issue as to whether the reported communication of the withdrawal the offer or termination of the offer is effective because you are now going to uh discuss it and resolve it legally okay so okay let me uh but there are no communication of vocation by third party is valid okay yeah I think that it sounds so good whether or not communication application by a third party is valid okay that is good so how many issues do you have so far there are about three or so so we move on uh right who has decided he wants the car immediately puts a letter in the post accepting Brown's offer does that suggest any issue does it suggest any issue okay see first that's it please whether or not right has validly accepted Brands offer by posts okay but that will not uh write us what accepted a brand so far by Boost okay okay I mean that is fine is there any other way anybody to put it let's go to the chat has anybody put anything there okay all right thank you see fast now let's move on uh later that day later that day or you could simply just say that whether the postal room is applicable to write a letter is the posterior applicable to the right there if it's applicable then you know that uh acceptance who have been made isn't it don't come discuss it okay we have some suggesting Miranda in the chat or that will not arise communication of acceptance by push constitute a valid acceptance okay that is also fine Miranda um let's move on as we are getting to the end of the passage later that day however he has a change of mind and course on Brown we tell him to ignore the letter uh does that suggest anything does that generate any issue um does that suggest any issue yes are we together hello I think it is whether or not um rights communicate um communicating to Brown of his revocation constitutes a valid revocation of his acceptance okay okay but um don't forget we are moving from a sentence where he sent uh the reported acceptance in the form of a letter to your post and having done that uh we are told that later on he has a change of mind and he calls uh I mean sensibly by telephone to tell the of our role to ignore the letter that he has posted so does that reason illegal issue certainly there should be well what the guy issue is that anybody is that yes I think it's instantaneous communication of revocation of acceptance see hello hello sir yes foreign one is doing his analysis on the postal rule that is when you can bring that in your to do your analysis because uh the postal rule is said to be effective at the time that the letter uh was posted so if he later changes his mind then um in doing your analysis you have to determine whether uh his letter decision to change his mind will be something that has any effect yeah all right so now you see we have a about four or five or so you should rent it how many issues they have about five issues yeah so I just want to use this to draw your attention to something that you have a problem based question uh not only in contracts right in any other law this type of examination it is very important for you to be systematic take each of their sentences in the passage or the scenario one after the other and ask yourself based upon the bigger era of the law that you have delineated or you have identified uh do you think that any Liga issues questions in my needs from the particular sentence so if you do it gradually you will notice that no issue will be lost on you right no issue the marking scheme for example has five or sales issues you'll definitely get all of them and don't forget when your examiners will Mark in scheme uh you've been able to raise the issues you get mass for that before we come to the setting the relevant principles or rules for that issue you get mass for that and then you come to the analysis and application of the relevant rules under the issue to the facts to resolve the issue because the issue is a question and you need to answer it and how do you answer it you use the law that you have seated under it you look at the facts uh are the facts uh supporting or answering the principle that you have stated and that should enable you to answer the issue or to resolve the issue so that is how it is done so we will have to uh leave this and on your own uh think about it yeah so coming back uh so far we in our last uh lesson and then on contract we started a very basic uh introduction and we said that we must always remember elements of valid contracts uh you must have an agreement an agreement is usually analyzed by the presence of offer and what acceptance and of course we also said that every contracts there must be intended to create a legal relations especially if you are dealing with what you call like the simple uh contract simple contracts or uh Ura or parole contracts which is not reducing the right thing with the same of the parties then there is evidence for the court to be satisfied that yes the parties really meant uh something uh obligatory so not just playing games that is why the intention to Green Legal relation as well as consideration is what is important and again uh you must be qualified in law uh before you can enter into certain transactions including contracts so capacity we talk about that and again uh there should be a certainty of times and that is why the first meeting and then we'll talk about how do we even determine uh agreements what the prices have actually agreed upon and you talk about the objective tests people remember you talk about the objective test especially so where the parties have not reduced the that your engagement or transaction in writing and you need to really ascertain what exactly have they agreed upon we need to pay attention to what they said to each other what they did to each other and you use the point of view or the perspective of the reasonable person or what the board officials bystander that is what the objective test is about if you remember we talk about it uh in our last class on contract then again uh in contracts you must have uh there should be genuineness of consent you know at the bottom of contract is uh uh no voluntaryness no it's about violence people say freely and that is why we talk about the Pakistan Savannah sanctity of contract all those things are there because contract principles that the parties with have freely agreed so if there's any question mark about a person not having giveness or have free consent then there's a problem meaning that we don't have any consent and that is why we talk about initiating factors in contract okay so initiating factors mistake misrepresentation the rest and on the influence so when you can uh identify any of these as being present then what it means is that uh one party of both parties might not have freely and generally giving their consent and that will definitely have an implication for the validity of the contracts later on we discuss some of this and of course finally every contract must be lawful so the requirement of legality you cannot maintain the contract which is against the laws of Ghana against declared public policy so these are the basic requirements or elements for a valid contract so the last summer as I said we talk about like the test of what remains we talk about the objective tests extensively so we are not going to uh repeat that but just to remind you that as I said the court will just pay attention to what the party said what they did to each other and then the call to try and use the the perspective that is the point of view of a hypothetical person would you call like the reasonable man or the officials by Sandra and for that matter it is not what the parties actually talks it's not what you thought you know in your head which matters what matters is what you said and how a reasonable person official bystander uh assumed to be present at the time that you said it or did it or have understood you to have uh actually intended in order to truly intended in your own private mind so let's keep that in mind then we look at the authorities then we also discuss uh offer and then the invitation to treat if you remember so go back to uh let's look at the virus instances in which uh the courts have had to draw a distinction between of invitation to triggers when the court have said that yes something looks like offer it is not it is invitation to treat we discussed that as well and of course all of us who all know the case of ntac against entry very well a very uh recent case given this really enforcing what the cases of Manchester against the Gibson and also Manchester against the Sora what they tell us you say remember that as well then we I think we were to talk about the general uh office and then yeah we did we did uh so when we are discussing advertisement we said that as far as advertisements is concerned as to whether it is offer or meditation to traits uh it is not straightforward it depends upon the the wedding the advertisement so you cannot just jump conclusion that any advertisement is invitation to trade no that will be too simplistic and you could be wrong now where the content or advertisement is such that it is for example uh making a general offer along the lines of the things that we read in the case of Khalid against kabalis Mugo if you remember uh where a specific act or specific action is required and then there's uh maybe a promise reward or something which is Promised in return for you doing the specified act or action then that means that we are in the realm of a general uh offer leading to unilateral contracts and we are not just talking about uh so let us be attention uh to that and of course with respect to General for the question you arise uh since the general offer who is supposed to accept it though there has been like that debate usually it is accepted by the person who will do the required Act so just like you want some Proctor anybody who bring information leading to the arrest in particular alleged Criminal will be given a reward so that is a general offer to the general public but ultimately uh it will be accepted by the person who actually go ahead and do what the advertisement is asking for so let's uh keep that in mind just like you know the famous every student's local language where they say that if you you bought the the soap uh smoke ball and I use it according to the prescribed directions and you still got a certain uh outcome or side effect as it were you're going to be giving compensation and so on and so forth and indicated that they are even deposited the money with their Bankers somewhere Landing for their purpose and for that matter the first anybody who will buy the product and use it and gets the you know the seated outcome that person is the one who will be considered as having accepted the offer so let us keep that in mind so my advice to you for those of this type of entrance examination is that when you get a story sometimes questions about general office or lateral contract it may it may be very simple right you get like a very simple story or scenario but uh you have to take your time and be systematic usually when students are giving a very simple scenarios they tend to think that because the scenario or the story is so simple there's no need to go by Iraq and be systematic and we just have to just tell the examiner what do you think the conclusion or is no if you do that you are falling into avoidable paid for and that will let you get a low Mark so all the time be systematic and go along the Iraq as we'll be discussing okay termination of office are not meant to remain forever at some point an offer must come to an end and we know that there are various ways in which I know family come to an end including rejection right you uh what do you call it the counter offer if I have made an offer to you instead of you accepting it you don't accept it and you introduce a new term or you try to vary or modify the term contained in the offer that would not be considered as acceptance by you that will be considered as a rejection of the original offer by you so that will destroy that offers to hide and Rich remember that another means by which an offer may be determinated is through loss of time lots of time it works in two ways where the offer has got a duration attached to it then automatically when the seated duration has elapsed the offer ones who have been considered to have come to an end by a fruition of time for a loss of the stated time on the other hand where no particular time has been prescribed to that offer then the position of the law is that after expiry of reasonable period of time uh the offer will be considered as having come to an end and then what's I mean well amount to resemble period of time it is something which is work on Case by case basis among other things to do include like the subject matter of the the what is in the offer so that if you have let's say that perishable Commodities which is the subject matter of the offer then certainly based upon how long that particular commodity can you know last uh the offer wants to be considered to have laughed when the period has actually come to an end and soon and so forth so it very much depends on the particular type of situation that you have on hand again uh offer may also come to an end through positive acts that's a conscious uh act by the of a row that is revocation The Vocational withdrawal and you made the offer so position of the law is that anytime before acceptance you can revoke it cases of pain and pain food Legend Grant so many cases uh we support that principle the only uh exception or caveat is that uh the a common law where you have living Express offer to remain valid for accepted period of time that's collateral promise that the offer remained binding for the same period of time it's not binding unless the intended of array has provided consideration or have done something justify why the Pharaoh should actually hold on to the offer for the period that he said will keep the offer so that is the ratio in the case of woodlands and Grand however in Ghana by reason of the reform to uh the document of consideration as containing the contract act now these are 25 especially Session 8 subsection one a promise to keep an offer open for acceptance for a specified time that are not be invalid as a contract by reason only of the absence of any configuration therefore on quote in other words where you have in Ghana where you've given the time you know period or timeline for the offer you are bound to uh keep it to that time and it will not be a defense on your path if you decided to withdraw it to say that well the offeree did not do anything to justify why I should hold on to the offer till the period that I prescribe her laughs known uh that is not uh the case so let's keep uh that uh in mind and again where there has been revocation where there has been withdrawal of the offer it is not binding in other words it does not really have legal effects until it has been brought to the notice of the ferry and the reason is simple you made an offer intended uh for me to accept so that there's a contract between you and I now if you have decided to take the offer back and you keep quiet about it How Will I Know I might have uh taking steps and I'm almost at the point of accepting it but I am quite ignorant that you have withdrawn the offer and that is why it is a common law that revocation of an offer submission of an offer is not effective unless it has actually been brought to the military and for that matter let me add that when we are discussing acceptance we have the communication of acceptance by the question who says that when you have you know properly address a letter and posted it in the usual course then immediately upon uh posting acceptance is deemed or considered to have taken effects that does not apply to a letter uh seeking to withdraw the offer so if you have posted the letter seeking to withdraw an offer that's letter is not considered as having actually succeeded and we drained the offer until it has actually reached the offer rate now look at it if it were acceptance upon posting the letter of acceptance that will have suffice that will have enough for the acceptance to be considered as having taking place but the same is not true when you are dealing with communication or lubrication of what an offer if you post it it must actually reach the of uh Ray so let's keep that in mind so look at the case of a brand against the vine tin oven and again uh the question uh where communication mass communication be by the uh of a raw only the answer is no if the of array can become aware of the fact of the vocation by the pharaoh through a reliable third party that will suffice and that is the ratio of the case of Dickinson and those Dickinson and those that where there has been a revocation it can be communicated by any reliable third party and that will suffice so let's keep that uh in mind now in the case of uh General offer that is Affairs what are meant to uh potentially bring about bilateral contracts as far as the vocation of that is concerned in this position of the law that you should use the same channel through which the offer was actually made yeah so we've looked at the case of the shoe Shoei against the United States and so on and then of course to some extent uh Arrington and Arrington especially Arrington and Arrington is Authority for the proposition that in the case of uh electoral contracts where the ofari that is where someone has actually embarked upon performance of the specified acts then the overall cannot withdraw that so let us keep that in mind as I said I'm moving very fast because the assumption is that we know this already so we are just uh refreshing our mind now another uh Point uh which is uh touching on is what you call at the Battle of forms I'll do is you could have talked about that after acceptance but no problem we can touch on it here so battle or forms uh if you don't know anything at all as far as performs you can say you know the case of a butler machine to company again the SLO uh preparation and uh practically this is how the Battle of bombs is let's say the usual you know you have companies which have got their own forms like standard forms for uh buy it for making purchases for doing procurement or requisition of all this so let's say that the company a has its own standard form which it will use to order goods from others and let's recommend you use it to other goods from Company B and let's suppose that company B2 has also got the standard form which it uses for prospective uh no bias to fail so that to use that to do the necessary supplies and all that so uh a made the order using it form and and then uh we assign and all that and B also made a sign its uh forward it uses to uh make deliveries and Supply customer needs so we have two set of forms and each company has got eight terms and conditions clearly stated on its particular form now you have a disagreement so if you go to the butler machine too uh one company has got if you like inflation uh review uh close or adjustment clause as part of it terms and conditions another uh company has not got that so uh you have a dispute and then there's this issue as to uh which of the two forms should be considered as being uh what was actually agreed upon so uh which of them should be considered as you know having been the offer and no plans we considered as being like the acceptance in order so that is what the uh Battle of phones is really about and usually if you look at the popular machine two case uh the course tried to resolve that using the Canter offer analysis approach okay like the account of the kind of analysis you saw in the case of a higher range and the court will try and find out okay I use the counter of our thinking which of these two can be considered as having made the offer first and then the other one so that if you just suppose the other one by it and you notice that that one is not mirroring the first one and then there's an attempt to vary or modify it and that will be treated as well as a counter offer is one and so forth so look at that okay uh now a certains it's now uh 10 o'clock let's see a few minutes we can get acceptance plate so that we will leave this area now as you remember acceptance you know is where the ferry has made the final and unqualified accent or approval the terms of an offer this finality is important because don't forget what we are talking also about offer right offer 2 requires finality on the path of the Pharaoh you like to get agreement between you and of away so the offer contains your proposed terms your proposals which you are immediately ready and willing to be committed be bound by it if the other party was sent so that is the offer in Mark the same vein in the case of referee two his acceptance or hair acceptance must be unconditional unqualified or unequivocal definite or finer endorsement to the proposal contained in the offer and that is why we're offering here that acceptance must fall over because the mirror image rule you know if you have like a mirror you put an object in front of the mirror you will see a reflection of the objects in the mirror and then the reflection of the object is like the image you see that's the exact image of the object you place in front of the mirror being reflected uh in the mirror so in the same vein the acceptance must also mirror the offer so that the exact image of the offer should be reflected in the acceptance that is why we say that the offeree must not change even a comma or a word in the offer and we're down to be the case that will constitute a counter of our destroys the original we know that the case of either rent they be against the inside afternoon and all that but then we also know that where there's an attempt to seek information maybe concerning instrumental payment or some other things so you're making like a me inquiry then authorities uh like Stevenson and McLean and to some extent the ntuc and MP will tell us that that is not a kind of offer it is a mere or general request for what information so let us keep that in mind and again we also remember that acceptance can be by West by conduct or can be in writing so in a conduct for example the kids are abroading against Metropolitan relief remember uh where I mean there was a that an offer have been sent then instead of they signing the agreement they didn't sign it they put it in a drawer and yet they started supplying uh tense or delivering things according to the unsigned document and later on when there was a disagreement the court said that yes it doesn't matter that they had not actually written back to say that they've accepted their conduct subsequent to receiving the offer was indicative of day having actually accepted so acceptance can be by by contacts so let us keep that in mind and then the communication of acceptance uh as we remember the general rule is that acceptance is not valid or effective unless it has been communicated to the uh of a role and this communication must be done by the offeree or his authorized agent so that if you are not an authorized agent of array then you cannot uh effectively or validly communicate the acceptance you know the case of power and lead the interview and then the person who are going to be authorize and lead the information to the applicant that you have been successful to remember so power and late and of course uh if that is the case then acceptance is not uh has not taking place unless and until it is so complicated with the Pharaohs or the case of Buffy and uh as you remember then we come to uh the mode of uh communicating the acceptance so where the mode of communication is instantaneous right instantaneous means that as soon as you speak the other party hears it so for example what you are doing now is an example of instantaneous communication because if I speak you hear it when you speak I also hear it now where that is the case in the case of nthos I give my fire is cooperation has established that acceptance communicated via uh instantaneous mood like teles no facts and Telegram and all that is not valid or effective unless and until Yes actually reached the offer role and if you read the entire smile you see the analogy Lord Denning will give about the plane which is flying and all that but an exception to we have some exception to the rule that where you are using uh instantaneous mode of communication acceptance is not complete unless it has actually been received or heard by the of a raw we can have a waiver and then this River may be expressed or implied they offer Raw May wave the communication like for example when you come to the general office like the uh you later you know type of contracts there's other God implied waiver you don't need anybody to come and tell you that I'm going to do the required Acts what is expected is I just do it and you doing it means that you have accepted it another exception is the postal route where uh the no posts is a means of sending acceptance then as we know from the old case of uh Adams and Lanser uh is that acceptance takes place as soon as the letter of acceptance has been posted in the regular we pulled into the customs and traditional posting in that particular area when acceptance has taken a place and again where the Pharaoh has prescribed the mood or the means of acceptance then and that is what should be used and not any other means let us keep that in mind and then we also come across the point that uh the overall is not permitted by law to impose you know silence as a means of uh acceptance by referee ballet so what's up in the case of filters and remember the the uncle and the nephew uh concerning the silver of the horse and then the uncle to the nephew that if I don't hear anything about the host I will assume that you've agreed to sell the horse with me at the stated price now let me add that there is nothing wrong right at the negotiation state let us give ourselves happy Sunday the one who said okay if by Sunday 6 PM you haven't heard from me then uh take it that I have agreed to buy the car at 100 000 Ghana cities now if there is that kind of mutuality if there's that Mutual understanding then there's nothing wrong silence can be a mode of communicating acceptance so let us understand it well what is reprehensible about uh the development in photos and bundling is that it was one part of a role who was trying to if you like a hold the overrated runs of that well you are supposed to let me hear from you if I don't hear from you then my assumption is that you have accepted my offer now that is not fair but it is different where there have been some understanding between the parties and then the perspective of our research that okay if you don't hear from me I take it that I have accepted the offer then that one is acceptable and it's permissible so let us keep that in mind okay so we will leave our uh discussion here and regarding what we did in the beginning in the question we have the couple of like the issues so because of time we cannot discuss them but from the general reason that we have done so that you have the the principles you use to address them but I want you to be structured right in terms of how you lay out your answer so you take issue you state the relevant principles and then you do the analysis and the application unless there's a question otherwise we end the class here okay so I'm happy that any question what will come in this particular area all of you be able to rise with the occasion to write a very good answer that is good so I have a good night